University of Illinois 
Library at 
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Oak St. 


Unclassified 


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IA, ILLINOIS 


Edw. Hine & Co., Printers, 
, Peoria, Ill. 


WATER WORKS ORDINANCE 


AN ORDINANCE, for an improved, enlarged and extended system of 


Water Works, for the City of Peoria, Illinois, and its inhabitants, 


- and to supply them with water for all public and private purposes, 


and to sell to JoHN F. MoFFETT, HENRY C. HODGKINS, JOHN V. 
CLARKE, and CHARLES T. MOFFETT, doing business under the firm 
name of MOFFETT, HODGKINS & CLARKE, of Watertown, N. 
Y., the present existing system of water works of the City of Peoria, 
as an entirety, and granting to the said Moffett, Hodgkins & Clarke 
the franchise and license to rebuild, enlarge and extend the present 
system of water works, and to construct, maintain and operate as a 
whole, the new, improved, enlarged and extended system of water 
works, in, near and for the said City of Peoria, and contracting with 
the said Moffett, Hodgkins & Clarke for water for fire protection 
and other public uses for the City of Peoria, and granting to the 
said Moffett, Hodgkins & Clarke the right and license to furnish, 
deliver and sell water to the inhabitants of the City of Peoria, and 
reserving to the said City of Peoria the right to purchase the said 


‘water works system, after its enlargement, improvement and exten- 


sion, all as hereinafter provided for. 


Be it ordained by the City Council of the City of Peoria: 


Section 1. That the City of Peoria, Illinois, will,in case the con- 


ditions herein specified shall have been first fully complied with, 
viz: the development of the proposed source of water supply to the 
satisfaction of the City Council, the procuring a satisfactory title to 
the real estate upon which the new reservoir, stand pipes, etc., are to 
be located, so as to be able to execute satisfactory security as herein 
required, upon or before the first day of August, A. D. 1889, sell and 
deliver to John F. Moffett, Henry C. Hodgkins, John V. Clarke and 
Charles T. Moffett, doing business under the firm name of Moffett, 
Hodgkins & Clarke, of Watertown, N. Y., their associates, successors, 


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or assigns, hereinafter called Grantees, the present existing system of 
water works, of the City of Peoria, including thereunder, all of the 
real estate of the said City now devoted to and used for the purpose 
of the pumping station, source of supply, filter galleries, pumps, 
wells, inlet pipes and other uses, meaning hereby to include all the 
following described real estate bordering upon the _ [Illinois river, 
Beginning on the lower side of the Ferry Road 790 feet S. 58° 8’ E. 
from the C., R. I. & P. railway right of way. Thence at right angle 
with said Ferry Road 250 feet. Thence parallel with said Ferry 
Road to the Illinois River. Thence meandering North up along the 
West Bank of said Illinois River to the lower line of said Ferry 
Road. Thence along the lower line of said Ferry Road to the place 
of beginning. Also one other tract of land above and adjoining said 
Ferry Road, beginning at a point 1340 feet S. 53° 8’ E. from the C., 
R. I. & P. Railroad right of way. Thence S. 69° 80’ E. 60 feet. 
Thence N. 87° 35’ E. to the Illinois River. Thence along the 
Illinois River to a point intersecting the upper line of said 
Ferry Road. Thence along the upper line of said Ferry Road 
to the place of beginning. All being a part of section No. 2, 
in Township 8 N. of Range 8, East of the 4th Principal Meridian, 
together with all the buildings thereon, and the machinery, tools 
and fixtures contained therein, and now used and devoted to the 
water works system of the City. Also all and entire the pipe distri- 
bution system of the City leading from the said pumping station, to, 
into, through, along and under the streets, ways, bridges and public 
lands of the City of Peoria, together with all the special castings, 


; gates, hydrants, blow offs, connections, appurtenances and fixtures 


in, and all things pertaining thereto, which have been, are now, or 
may be, prior to the said first day of August, A. D. 1889, employed 
in, or used as a part of, or in connection with the present pipe dis- 
tribution system of the said water works, also the pipes, special cast- 
ings, gates, hydrants, and any and all other stock, material and 
tools of whatsoever nature, purchased for, and intended to be used 
for, Or in connection with, or as a part of, orin the maintenance of 


® the said system of water works, whether in connection with its sup- 


ply, pumping system, distribution, maintenance, or general business 
of operating said system of water works; excepting one horse and 


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5 wagon and all fixtures and appurtenances belonging to the office of 


the collector of water rates; giving to the said grantees the right to 
enter upon the Workhouse enclosure and grounds and to remove the 


1 pipes therein laid, where the same can be done without injury to 


the Workhouse buildings. 


And from and after the sale and delivery of the present water 
works system to the said grantees, the said City of Peoria shall be 
relieved from any and all expense, of whatsoever name or nature, in 
connection with the maintenance and operation of said system of 
water works, but the City of Peoria shall not be relieved from the 


» payment or settlement of all outstanding bills or claims, of whatso- 


ever name or nature, that were incurred by the City of Peoria in 
connection with the maintenance and operation of the said system of 
water works, at any time prior to the sale and delivery. 

And the said City of Peoria shall have the right to collect and re- 
tain any and all rates for water or service supplied by the said sys- 
tem of water works, prior to the said sale and delivery, whether the 
same shall have been paid or not. And the grantees shall have the 


> right to charge and collect all water rates which may be due and 


payable for water and service furnished or delivered from and after 
said sale and delivery. 


SECTION 2. At the time of the conveyance and delivery by the 
City of Peoria to grantees of the present water-works system as here- 
in described, and as the consideration therefor, the grantees shall 
assume the payment and the satisfaction, according to their terms, 
the principal of the water bonds of the City of Peoria, now outstand- 
ing, to the amount of four hundred and fifty thousand dollars 
($450,000.00), which bonds are as follows, that is to say: Thirty- 
three (33) one thousand dollar ($1,000.00) bonds bearing six per 
cent. interest, due August first, A. D. 1889; one hundred and eight 
(108) one thousand dollar ($1,000.00) bonds, bearing seven per cent. 
interest, due April first, A. D. 1890; twelve (12) one thousand dollar 
($1,000.00) bonds, bearing seven per cent. interest, due August 
first, A. D. 1890; two (2) one thousand dollar ($1,000.00) bonds, 
bearing seven per cent. interest, due April first, A. D. 1891; fifty (50) 
one thousand dollar ($1,000.00) bonds, bearing seven per cent. inter- 


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est, due May fifteenth, A. D. 1899; fifty (50) one thousand dollar 
($1,000.00) bonds, bearing five per cent. interest, due May fifteenth, 
A. D. 1901; one hundred and ninety-five (195) one thousand dollar 
($1,000.00) bonds, bearing four and one-half (4 1-2) per cent. interest, 
due June first, A. D. 1908; said bonds to be paid, taken up and can- 
celled by grantees and surrendered to the Clerk of the City of Peoria 
so cancelled within thirty (30) days after the same mature 


» and are presented for payment according to their terms. And the 


undertaking by said grantees to pay said City’s water bonds and 


5 to perform the other conditions in this section imposed upon 


and assumed by grantees shall be secured by them or by their heirs, 
associates, successors or assigns, as the case may be, at the time or 
the making of said conveyance and agreement in the following man- 


ner, viz: 


They shall give or cause to be given, two two hundred and twenty- 
five thousand dollars ($225,000.00) non-negotiable money bonds of 
even date with the deed of transfer hereunder, to the City of Peoria, 
the first bond maturing nineteen (19) years after the date of the 
deed of transfer hereunder, the other bond maturing thirty years af- 
ter the date of said deed, neither of said bonds to bear interest; these 
bonds shall be delivered by grantees to the City of Peoria and the 
same shall be copied into the City records of said City by the Clerk 
of said City, and in case of the loss of the original a duly certified 
copy made and certified to by said Clerk, or any Clerk succeeding 
him in his office, shall be accepted and used as evidence in any mat- 
ter or suit wherein the terms of said bonds shall become material to 
be known. Said bonds shall be held by said City of Peoria as secu- 


2 rity for the performance by grantees of the undertakings of gran- 


tees hereunder, namely, to pay the principal of said City’s outstand- 
ing water bonds less any credits which grantees may be entitled to 
have set off against said water bonds as provided for in this ordi- 
nance, to furnish a sufficient quantity of:clear and wholesome water 
for all public and private uses as provided for in this ordinance and 
at rates to the City of Peoria not to exceed the maximum rates fixed 
therein, to secure any judgment at law which may be obtained by the 


_ City of Peoria against grantees, and that said grantees will reconvey 


the water works property free of any and all incumbrances as herein 


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provided for, in case of repurchase by the said City of Peoria, and to 
renew their contract with the said City of Peoria at the expiration of 
said period of thirty years (in case the said City of Peoria does not 
repurchase) at not to exceed the rates both public and private herein 


/ provided for. The payment of said two two hundred and twenty-five 


thousand dollar ($225,000.00) bonds, shall be secured by a good 
and sufficient first mortgage or deed of trust which shall be given by 
said grantees, their heirs, associates, successors or assigns, either to 


| the City of Peoria or to a trustee or trustees, at the option of the 


City Council conveying all of the said present water works property 
and real estate hereinbefore described as being sold and conveyed to 
said grantees together with the real estate upon which the reservoirs, 
stand pipes, pumping station or stations, both old and new, and the 
real estate upon which may be located the proposed source of water 
supply for said new system (all of which real estate shall have been 
previously purchased by grantees and paid for in full), and said 
mortgage or trust deed shall cover all improvements and betterments 


thereafter made on said real estate and all grantees property, real 
and personal, owned at the time or thereafter acquired by said grant- 
ees, their associates, successors or assigns, connected with the said 
waterworks system or used as a part thereof; said mortgage or 
trust deed shall contain provisions covering the foregoing specifica- 
tions for the purposes for which said bonds are to be held as security 
by the City of Peoria, and further providing that in case of the fail- 
ure of the grantees to comply with any and all of the conditions 
in said mortgage at any time within the said thirty (30) years 
that said bonds or either of them may be declared by the City Coun- 
cil of the City of Peoria to be due and payable because of such fail- 


_ ure of grantees, and shall contain a further provision that in case 


said bonds or either of them shall be declared to be due by said City 
Council that said mortgage may be immediately foreclosed notwith- 
standing said bond or bonds shall not have matured according to its 
or their terms; and said bond or bonds and mortgage or trust deed 
shall be construed together as one contract except that the terms of 
the mortgage or trust deed with respect to the declaration by the 
Council making such bond or bonds at once due and payable shall 
prevail over the terms of the bond or bonds with reference to its or 
their maturity. 


Said mortgage or trust deed shall further provide that in case of a 
foreclosure or an attempted foreclosure by the Uity of Peoria for an 
alleged failure of the grantees to comply with their contract or with 


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94 any portion thereof, the question of the breach thereof by said 


130 


5 grantees as alleged by said City Council shall be submitted to the 
> court in which said foreclosure proceedings may be instituted and if 
such court shall find that there has been a default as declared by said 
City Council such court shall then award to said City of Peoria all 
damages sustained by it which may have been caused by such fail- 


ure of grantees. 


And such bonds and mortgage or trust deed shall remain in force 
and stand as security until the end of said periods of nineteen and 
thirty years respectively and until said grantees shall have fully 
complied with the undertakings for which the same stand as se- 
curity, but in case grantees shall preserve and keep all the said con- 
ditions and shall pay said outstanding water bonds as herein pro- 
vided for, then said bond first maturing shall be cancelled at the 
date of its maturity and returned to said grantees, and in case the 
said grantees shall have observed its contract up to the time of the 
maturity of said thirty years bond then said bond shall also be can- 
celled and surrendered to grantees, and said mortgage or trust deed 
on said property shall be then released, otherwise the same shall 
stand until said undertakings shall have been complied with. No 
other bonds of any kind, nor indebtedness of any kind, to any per- 
son or corporation other than the City of Peoria shall be secured by- 
said first mortgage, nor shall there be any indebtedness of any kind 
or nature for any purpose whatever contracted or incurred by said 
grantees, that will interfere in any way with said city’s first lien on 
all the property of grantees, for the amount of the city’s bonded 
indebtedness assumed to be paid by grantees hereunder and for the 
damages accruing to the said city, if any, by reason of grantees 
failure, at any time to keep and perform their agreements hereun- 
der, nor that will interfere with said City’s right to repurchase said 
water works system and take possession of the same as hereinafter 
provided for entirely free from the lien «#f incumbrances and in- 
debtedness incurred or made by said grantees during their posses- 
sion of the same. 


And said grantees shall further execute and deliver to the said 
City of Peoria a good and sufficient bond with local security to be 
approved by the City Council of said City of Peoria in the penal 


say ae 


131 sum of two hundred thousand dollars ($200,000), conditioned for 
132 the payment, satisfaction and cancellation (and surrender to the 


133 City of Peoria of said bonds when so cancelled) of the principal of 


184 all the before described water bonds of said City of Peoria less cred- 


135 its, if any, which grantees may be entitled to have thereon, which 


136 become due and payable during the life of said bond, said water 


bonds to be paid and cancelled within thirty days respectively after 


138 they mature and are presented for payment; and said bond shall be 


further conditioned for the completion of said water works system 
in accordance with the requirements herein specified therefor and 
for the payment of all damages, and for the performance of all the 
undertakings, assumed by said grantees in accepting this ordinance 
and contracting hereunder; and for the satisfaction of all mechanics 
liens and other liens incident to the construction of said water 
works properties; which bond shall cover a period of three years 
(3 years) from its date, at the expiration of which time if there 
shall have been no breach of the conditions thereof,jt shall be can- 
celled and returned to said grantees and the sureties thereon shall 
be discharged. The securities in this section required to be given 
by said grantees shall be approved and accepted by the City Council 
of the City of Peoria before the said city conveys its property to 
the grantees hereunder. 


SECTION 3. The grantees shall take possession of the present 
existing system of water works immediately after the sample of 
water and source of supply shall have been approved and accepted 
by the said City Council, and the bonds and conveyances herein 
required to be mutually executed and exchanged shall have been 
executed and delivered, and thereafter, continuously, during the 
existence of this franchise, they shall maintain and operate the 
same, at first as in their present condition, and afterwards as in their 
new, improved, enlarged and extended condition, as herein provided 


’ for. These improvements, enlargements and extensions, shall be 


commenced within a reasonable time, prosecuted with all due dili- 
gence, and be completed on or before two years from the date of the 
passage hereof. Provided, that if said grantees are delayed by in- 
junction, strikes, or by order of the courts, the time, for completion 
shall be extended for the loss of time so occasioned. 


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Section 4. And the said City of Peoria hereby grants this fran-, 
chise and license to the said grantees, for and during the term of thirty 
years from the sale and delivery of the present water works system, 
subject only to the right of purchase and conditions herein provided, 
and also the right to operate the said present system of water works, 
and to enlarge, extend, improve, maintain and operate the same, in, 
near and for the said City of Peoria, for supplying the City of 
Peoria and its inhabitants and those in its immediate vicinity, with 
water for public and private uses, and to use within the present and 
future limits of the City of Peoria, subject to the restrictions, limi- 
tations, and in the manner herein provided, the streets, alleys, and 
other public ways or lands, for the purpose of laying, taking up, re- 
pairing, or otherwise maintaining and operating mains, pipes, hy- 
drants, and other appurtenances. 


SYSTEM. 


SECTION 5. The system of water works which is to be built, 
under the requirements of this ordinance, shall be what is known as 
the combined “Direct Pumping and Reservoir System,” and shall 
comprise substantially the following: 1st. An adequate supply. 
2d. Sufficient storage. 3d. A large, commodious, stone, brick and 
iron pumping station. 4th. Sufficient pumping machinery. 5th 
A suitable pipe distribution system. 6th. Suitable distributing 


reservoirs. 


SUPPLY. 


SECTION 6. The water to be furnished under this ordinance shall 
be clear and wholesome, of such standard of purity as shall be ap- 
proved by the City Council, and shall be ample for all the wants of 
the City of Peoria, both for public and private uses, as well as for 
fire protection. Said supply shall be increased from time to time as 


the growth of the city may demand. The grantees shall within 
thirty days after the passage of this ordinance file with the City 


Clerk their written agreement to fully contract with the City of 
Peoria according to the terms of this ordinance on or before August 
first, 1889, if they can first procure water satisfactory to the Council 
as herein provided; and that they will then give the securities re- 
quired of them, and finally accept under this ordinance and contract 


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with the City or Peoria, and they shall immediately upon the pass- 
age of this ordinance proceed, at their own expense, to investi- 
gate the source or sources of water supply, and shall report to the 
City Council without unnecessary delay, and not later than ninety 
days thereafter, the results of their investigations, together with 
samples of water of the quality and kind the grantees propose to fur- 
nish said City. Whereupon said City shall submit the samples so 
furnished to such tests and examinations as the City Council shall 
deem proper, and shall also examine the location of the proposed 
source of supply. 


Before the present water works are conveyed to the said grantees 
the City Council shall accept or reject the proposed water supply, 
and until said City Council shall approve and accept of a new water 
supply, said present water works system shall not be conveyed to 
said grantees; but if grantees shall fail to procure water satisfactory 
to said Council by the first day of August, 1889, then this ordinance 
may be repealed. The City Council shall have the right to examine 
from time to time the quality of the water supplied, and the grantees 
agree to maintain and furnish during the continuance of this 


8S franchise, water of as good or better quality than that of the sample 


originally furnished and accepted by said City, and said grantees 
agree to maintain and keep said source of supply in the best possib’e 
state of purity, and to take every possible precaution to protect the 
same from contamination or pollution from any source whatever. 


; In no case is the supply of water to be taken from the Illinois river, 


nor from a location that would be subject to drainage from any cem- 
etery. Said location of water supply shall be north or northeast 
from the northern part of the city limits. 


It is expressly understood and agreed by and between the parties 
hereto that in case said grantees shall fail to comply with the pro- 
visions of this section requiring said grantees to supply the inhabit- 


% ants of the City of Peoria with clear and wholesome water, said 


grantees shall therby forfeit to the City of Peoria the sum of one 
hundred and twenty-five dollars ($125.00) per day for each and every 
day they shall fail for any reason to supply such clear and whole- 
some water as aforesaid; provided, that the City Council of the City 
of Peoria shall first cause to be given to said grantees through any 
officer of said company, or agent in charge of said company’s busi- 


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ness in the City of Peoria, fifteen days’ notice that said water has 
been pronounced impure and unwholesome and not up to the stand- 
ard prescribed by the said City Council. The said amount to be recov- 
erable of and from said company in an action of debt by and in the 
name of the City of Peoria. 


STORAGE. 


SECTION 7. The grantees shall provide sufficient wells, reser- 
voirs, or storage basins, near or adjacent to the source or sources of 
supply, so as to insure a storage capacity sufficient to supply the 
maximum amount of water that may be required for fire protection, 
and other purposes, during any conflagration likely to occur in the 
said City of Peoria, and this shall be independent of, and in addition 
to, any reservoirs which may be used as, or for, distributing reser- 


voirs. 
PUMPING STATION. 


SECTION 8. The pumping station buildings shall be of modern 
construction, of neat and ornamental design, well and thoroughly 
built and finished, of stone and brick, with iron truss roof, slated and 
be practically fireproof structures. They shall be of ample size to ac- 
commodate the pumping machinery hereinafter specified, and so ar- 
ranged and planned that additions thereto can be made when 
necessary without impairing their use or efficiency during the time 
said additions are being made. There may be one structure with 
suitable sub-divisions, or may bein two or more detached buildings, 
as may hereafter be deemed best and expedient. 


PUMPING MACHINERY. 


SECTION 9. The pumping machinery shall be large, modern and 
first-class in all respects, and shall consist of three compound, con- 
densing, duplex, pumping engines, each one of which shall be capa- 
ble of pumping not less than SIX MILLION United States gallons 
of water in twenty-four hours, at a piston speed not exceeding 
eighty feet to the minute, against a water pressure of one hundred 
and eighty pounds to the square inch, or of a capacity of SEVEN 
MILLION, TWO HUNDRED THOUSAND United States gallons 
each per twenty-four hours, at a piston speed of one hundred feet 
per minute, against the same water pressure. 


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Each of these engines shall be first-class in every respect, and shall 
be constructed in the most modern and improved manner, by first- 
class reputable manufacturers. 


Each of these engines shall be so proportioned, arranged and built, 
as to be able to develop a duty of at least one hundred million foot 
pounds with one thousand pounds of steam, each engine to have air 
pumps and condensers suitable to maintain a high vacuum when 
working at their maximum capacity; each engine shall be erected 
and set up on independent suitable foundations, and be connected 
with the supply ‘and discharge pipe system, so that’ either or all 
may be run at any time. AIl exposed working parts of these en- 


. gines shall be highly finished, and the entire steam ends shall be 


neatly and tastefully lagged with hard wood, secured and orna- 
mented with polished or metal clamps or screws. Each engine shall 
have its own set of gauges, which shall include two vacuum, two 
steam, and one discharge ordinary pressure gauge. There shall also 
be a standard steam indicator, and permanent standards and con- 
nections for each engine to permit the attaching of indicators and 
the taking of indicator cards, and also one water and one steam re- 
cording pressure euage: there shall also be attached to each engine 
a suitable number of high grade thermometers to indicate the tem- 
perature of the water on the suction and discharge pipes; also the 
temperature of the steam in both the high and low pressure cylin- 
ders in the exhaust, and also the temperature of the overflow or 
discharge water from the condensers. In addition to the hereinbefore 
detailed main pumping engines, there shall be a suitable number in 
duplicate of boiler feed pumps, and feed water heaters, and all of 
the usual connections, special fittings, appurtenances, or fixtures 
necessary to make the entire pumping plant complete, modern and 
first-class in all respects. , 


The power to operate this pumping machinery shall be provided 
by two batteries of five or more boilers each, tre whole to be of such 
power as to easily furnish the steam necessary to operate the ma- 
chinery at its full capacity; these two batteries are to be so set and 
connected that either can supply steam to either or all pumping en- 
gines at the same time; each of these boilers shall be made of the 
best boiler steel, in the most thorough and workmanlike manner. 


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Each boiler shall be provided with all appurtenances necessary to 
make the boiler plant a most complete and efficient and first-class one 
in all respects. And the said grantees shall keep both the boilers 
andthe pumping engines in constant and first-class repair, during 
the life of this ordinance, and increase the same, from time to time, 
as may be necessary to fully supply the City of Peoria and its inhab- 
itants. 

Said grantees shall at their own expense maintain telephone com- 
munication and also construct and maintain in good working order 
an electric fire alarm bell in the Pump House, which shall be con- 
nected with any fire alarm system which is or may hereafter be in 
use in said city. 


PIPE DISTRIBUTION SYSTEM. 


SECTION 10. There shall be in all, including the pipe now laid 
and to be laid, seventy-five (75) miles of cast iron water pipes, within 
the limits of said city, provided with all the usual and necessary 
special castings, gates, hydrants, etc., as hereinafter specified. Said 
seventy-five miles shall be street measurement, only one pipe to be 
measured on one street, hydrant connections not to be measured. 
And on the completion of said seventy-five miles of pipe, there shall 
not be more than twenty-three miles of six-inch pipe, nor more 
than seventeen miles of four-inch pipe. 

Leading into the city, from the pumping station and reservoir, 
and as far as the County Court House Square, there shall be a thirty- 
inch pipe; from this point to the lower and upper corporate limits of 
the city, a twenty-four inch pipe, or its equivalent pipes, in not more 


4 than two mains, and leading from these mains shall be other pipes of 


suitable diameters, so arranged, as regards cross supplies or feeds, as 
to fully supply all the different portions of the City with a sufficient 
quantity of water, under sufficient pressure to fully meet the herein 
detailed requirements for fire protection service. 

The City shall by resolution, locate, within sixty days after the 
receipt of written request from the grantees to so locate, the said 
seventy-five miles of pipe, in such streets, public ways and public 
lands of the City, as required by this ordinance, and the grantees 
shall submit to the City a map and plan of the City showing such a 
pipe system as they would suggest to serve as a basis for the City to 


ee 


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47 


use in making their final location. Said map and plan shall be filet 
in the office of the City Clerk and shall thereafter be left in said 
office. 

In case the City shall fail to locate the said pipes within the said 
sixty days, then the grantees may locate the same, and such location 
shall fulfill the requirements of this ordinance as to location. 


In furnishing and laying this seventy-five miles of pipe distribu- 
tion system, the present existing pipe system may be used, subject 
to limitations herein contained, as may be deemed most expe- 
dient by the grantees, so as to form a part of the whole system 
when completed; but in laying the new additional pipes, or 
in relaying or removing the present existing pipes, care shall be 
taken to maintain as far as possible, an uninterrupted supply to so 
much of the City as is at present served by the existing distribution. 
All pipes and special castings used in connection with this work 
shall be of first-class standard manufacture and be accompanied by 
an inspector’s certificate that they have successfully withstood, at 
their place of manufacture, a hydrostatic test pressure of 300 pounds 
to the square inch; and after having been laid and connected in the 
ground they shall be subject to, and withstand such a hydrostatic 
pressure as may be brought to bear upon them with a pressure upon 
the pumping engines of at least 175 pounds to the square inch. 

The gates shall be sufficient in number, and so located, that if it 
shall be necessary to shut off the water, in case of accident, repairs, 
or for any other purpose, it can be done without interfering with 
the system as a whole, and so that but a small section or specific sub- 
division of the entire system need be shut off at any one time. Hach 
gate shall be provided with a suitable, adjustable cast-iron box, set 
with its top flush with the surface of the ground, and at corners or 
crossings of one street with another, suitable special castings shall 
be placed in the mains when laid, so that when the future extensions 
beyond seventy-five miles now provided for are required, the same 
may be put in without unnecessary cutting of the main 
lines to insert special castings, and, in fact, the entire pipe 
distribution system shall be so constructed as a part of a whole sys- 
tem that shall ultimately cover the entire City of Peoria, and its 
reasonable extensions and enlargements. All pipes and hydrant 


ee ee 


66 


connections, old or new, shall be laid by said grantees, in all cases, 
below the frost line of the permanent grade. 

There shall be placed along the said seventy-five miles of pipe dis- 
tribution, 1,000 fire hydrants, less those now set, as the same may be 
located by the City; but in the event the City shall fail to locate 
the said hydrants within sixty days after receipt of written request 
from the grantees to locate the same, the grantees may locate them 
at such points as may to them seem best. One hundred of these 
hydrants located upon the principal main or mains, to be four nozzle 
independent valve hydrants, one nozzle to be for steamer connection, 
if desired, also ten hydrants to be five and six nozzle hydrants with 
independent. valves, and the remaining eight hundred and ninety 
hydrants to be double nozzle hydrants, and all to be frost proof, with 
drips, and the latest and most approved pattern. All hydrants 


6 found defective or unsuitable on the present pipe system shall be 


removed and replaced with new hydrants by the grantees. The hy- 
drants located on, or connected with eight inch pipes or those of 
larger diameter, shall have independent gates and boxes between the 
mains and the hydrants. Each of these hydrants shall be so made 
as to give a full open water way, from the main to the nozzles, and 
each nozzle shall be made of the size and fitted with thread cor- 
responding with that on hose coupling now in use in the City of 
Peoria, a sample of which shall be delivered by the City to the grant- 
ees within ten days after a written request is made for the same to 
the mayor. The hydrants to be located and furnished in conformity 
with the requirements of this ordinance are to be used only in cases 


> of actual fires and for theregular firedepartment practice,and for such 


tests and exhibitions as may be ordered by the Mayor or Chairman 
of the Committee on Fire and Water, and for flushing sewers and 
gutters. For any use of which notice is not given on the fire alarm 
system of the City, reasonable notice shall be given the grantees. In 
case the City of Peoria, at any time after the completion of the 
works, shall desire to have set any fire hydrants intermediatetothose 


then in use, they shall be set by the grantees without any charge for 
rental, provided the City shall be to all expense of furnishing and 
connecting said hydrants, and keeping them in repair. None of said 
hydrants, however, shall be set for the exclusive benefit of private 
users, except for fire protection. 


an ge > 


100 The said grantees shall have the right to shut off water temporar- 


101 ily from the mains, or any portion thereof, for the purpose of mak- 


102 ing repairs or extensions to the works, and the said grantees shall 


3 not be liable for any damages occasioned by such temporary suspen- 


104 sion of the supply of water, provided, notice is given of the inten- 


105 tion of shutting off the water, and such repairs or extensions are 


106 made without delay, and with due diligence. But if at any time 


107 the supply of water is shut off from any cause for more than five 
108 days at a time, the rental for the fire hydrants that areshutoffshall 


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12 
13 
14 
15 
16 
af 


cease during the time of suspension. Provided, however, that in no 
event shall said grantees shut off the entire water supply so as to 
leave the city without ample and abundant supply of water for fire 
purposes. 

In case the City of Peoria, at any time after the laying down of 
the pipes, to conform to the provisions herein, shall order or make 
any change in the grade of the streets in said city, from the perma- 
nent grade whereby it shall become necessary to relay or lower any 
of the water works pipes or hydrants, said city shall bear all ex- 
pense of such work. 


RESERVOIRS. 
SECTION 11. There shall be located, at a suitable point or 
points in or near the city, a series of reservoirs, for the pur- 


pose of storing and distributing water to the different portions 
thereof. These reservoirs shall be of such construction, shapeand size, 


> aS may be deemed best, and where the elevation of thegroundis suffi- 


cient to permit, shall be made in excavation or embankment, of earth 
and masonry, and where the elevation is not sufficient to permit, shall 
be made of metal, in form of tanks, stand pipes or water towers. 
All distributing reservoirs and the water in the same shall have the 
same top elevation, and be sufficient to supply all requisite, ordinary 
pressure in all portions of the city, and the water level shall be not 
less than 220 ft. above the top of the fourth flute on the south angle 
of the corner stone of the Peoria County Court House, the elevation 
of which point was established in the year 1877, at one hundred feet 
above the datum plane. Two of these stand pipes shall be erected 
on the bluff, in said city—one to be located northeasterly of Ham- 
ilton street, and the other to be located west of Elizabeth street. 


Sas oe 


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9 


Said reservoirs shall be so built that they may be pumped into 


9 direct, and the water then supplied by them to the city, and also 


that they may, be disconnected, in time of necessity, that the water 
supply may be pumped into the mains and to the city by the pumping 
Machinery direct, and at any pressure up to the maximum herein 
provided, and in no case shall the minimum be less than the gravity 
pressure. Those built of earth and masonry shall be lined with 
brick or stone masonry, or concrete, and so arranged that they may 
be easily cleaned or repaired without endangering the water sup- 
ply to the city, either in quantity or continuance. 


The aggregate capacity of all the reservoirs, stand-pipes or water 
towers, to be constructed in connection with this system of water 
works, to be not less than sixteen million United States gallons, and 
fifteen million gallons shall be stored in two reservoirs or compart- 


ments of about equal size. 


CARE AND RESPONSIBILITY. 


SECTION 12. In building these works, as aforesaid, and in open- 
ing the streets for the reception of the pipes, gates and special cast- 
ings, hydrants, etc., or, in doing or performing any other work in 
connection with the construction, maintaining and repairing of the 
said system of water works, there shall be the least possible obstruc- 
tion to the use of the said streets or ways to thepublic. Thetrenches ’ 
shall remain open for the least possible timecommensurate with good 
and efficient work, and while the trenches are so open, suitable warn- 
ings, or barricades shall be erected, and lights shall be used and dis- 


10 played at night, and any loss or damage which may ariseor be caused 


uit 


12 


to any person or property, by reason of the grantees’ want of care, 
in properly protecting the said trenches, or other works, shall be 
borne by grantees, and the grantees shall hold the City of Peoria 
harmless in any and all respects, by reason of any accident, damage 


» or encroachment of any kind whatsoever, which may be occasioned 


by or result from the construction of the work herein provided for. 

Said grantees shall be liable for and pay to all persons, companies, 
or corporations injured all damages which may result from careless- 
ness, negligence or misconduct of said grantees, or any agent or ser- 
vant of said grantees, in the construction or operation of said water 


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works; and said grantees shall save and keep harmless the said City 
of Peoria on account of any and all damages and costs in any and 
all causes of action that may be brought by any person or persons, 
company or corporation at any time hereafter, by reason of careless- 


) ness or negligence as aforesaid, in all suits in which said City is 


sued, either separately or jointly with said company, or otherwise, 
including reasonable attorney’s or solicitor’s fees, and for other coun- 
sel employed by said city in and about such suit or suits, if any 
shall be so employed, in addition to the city attorney. 

The rights and privileges granted to said grantees in the streets 
and alleys of the City of Peoria are made expressly subject to all 
existing police regulations now in force in the ordinances of said 
city, or which may be hereafter passed by the City Council of said 
city, governing the opening of trenches in said streets; and said 
grantees expressly covenant and agree to observe at all times any 
and all police regulations made by the City Council of the City of 
Peoria, affecting their right to the use of said streets and alleys as 


; herein provided for. 


After the said works have been completed, or as fast as any por- 
tion of the same may be completed, the grantees shall restore the 


1 surface of the streets, alleys and public ways, in which they may 


have laid pipes or constructed any other portion of their works, 
over such pipes or works, to as near the original surface in which 
they found the same as the nature of the work will permit. 


LOCAL LABOR. 


SECTION 13. In the construction of the works herein provided 
or, the grantees shall give preference to the citizens of Peoria in all 
branches of the work, and shall not import or employ labor from 
other places when the same class and quality of labor, at the same 
price, can be obtained from among the inhabitants of Peoria. 


TESTS AND ACCEPTANCE. 


SECTION 14. Upon the completion of the improvement, exten- 
sion and enlargement of the present system of water works,inaccord- | 
ance with the requirements of this ordinance, the grantees shall 
duly notify said City of Peoria in writing, and at the expiration of 
five days thereafter shall proceed to make a test of the works on the 


LN pee 


aon nm 


26 


first suitable day following. ._The grantees shall test the power and 
capactiy of said works by throwing at one and the same time, from 
any thirty hydrants lying below the foot of the bluffs, thirty fire 
streams, each stream to use 100 feet of rubber lined hose, and a one- 
inch ring nozzle, to a vertical height of 100 feet, in still air, or 132 
feet horizontally, and to show a pressure at the average center of the 
location of the said thirty hydrants, sufficient to throw these streams 
these distances, either vertically or horizontally, according to the 
tables of Geo. A. Ellis, C. E., or in other words, while said lines 
of hose and nozzles, as herein described, are attached to the said 
thirty hydrants, hose and nozzles, thereshall bea pressure maintained 
at said centrally located point of not less than sixty-five pounds to 
the square inch. At all other portions of the City the works shall 
be able to throw at one and the same time, from any ten hydrants, 
ten fire streams, with the size and length of hose and nozzles herein- 
before described to a vertical height of seventy feet, or a horizontal | 
distance of ninety-eight feet, both in still air, or shall show a pres- 
sure at a hydrant, centrally located between said other hydrants of 
forty-one pounds to the square inch. 

These test streams shall be distributed in each of the different 
wards in the districts specified below the bluff and on the bluff, and 
none shall be taken from four-inch mains. 


These tests, or trials, shall be conducted by the grantees, under 
the supervision of the City Council of the City of Peoria, and the 
City of Peoria shall furnish all the requisite hose, nozzles, pressure 
gauges, etc. This test shall take place within ten days after the ex- 
Wiration of five days’ written notice from the grantees that they will 
be ready for such test at the expiration of the said five days, and if 
the works are not completed and ready at such time, then shall the 
grantees give a new notice of thirty days; the said grantees shall 


» notify the said City of Peoria that the said works are completed and 


are ready for the said test, and if the said city shall fail to supervise 
said test within said ten days, then shall it have waived its right to 
have said test made; and its non-fulfillment or failure to supervise 
such test, shall be an acceptance of such works. But, if the citv 
shall supervise such test, and the said works shall withstand 
the same, the said city shall formally accept, by resolution of the 


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City Council, the system of waterworks, and thereupon, either after 
such test, or after the lapse of the said ten days, and the failure to 
supervise such test, the rental hereinafter provided for shall com- 
mence, and be due and payable, at the times and in the manner 
specified. 

The pressure, capacity and efficiency of said water works system 
shall be kept at all times during said period of thirty years fully up 
to the standard prescribed in this ordinance, and for the purpose of de- 
termining the amount of pressure and efficiency of said water works 
as a fire protection, from time to time, the City Council reserves the 
right to order a test of said works and pressure in any and all parts 
of the City of Peoria at least once each year during said period of 
thirty years. 


RULES, REGULATIONS AND RATES. 


SECTION 15. After the delivery of the property of the existing 
water works to the grantees, and their acceptance thereof, 
the grantees may charge and collect during’ the continuance ’ 
of this franchise and license, quarterly water rates, in advance, 
which quarterly water rates shall not exceed one-fourth of the an- 
nual water rates given in this ordinance. 

The only exceptions to the above times of payment being in the 
case of meter rates, which shall be payable monthly, or at such other 


% periods of time as may be mutually agreed upon between the gran- 


10 
Ag: 
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13 
14 
15 
16 
A’ 
18 
19 
20 


tees and consumer. Grantees shall have the right to furnish water 
and consumers to take water at meter rates, and when meters 
are required, either by grantees or consumers, they shall be fur- 
nished by grantees without charge. In all cases where meters 
are used they shall be such as will meet the approval of the 
grantees, but may be subject to supervision, inspection and condem- 
nation, by the City Council or any one by them designated, and 
when condemned such meter shall be removed and a correct meter 
substituted in its place at the cost of said grantees. The grantees 
shall make such rules and regulations, to be first approved by the 
City Council, regarding the service and use of water, putting in of 
connections, etc., both as regards the quality of the connections and 
their arrangement, aS may be proper and expedient, with just and 
reasonable regard for the rights of others. The grantees shall have 


a ee 


the exclusive right to put in water service, pipes and connections in 
the streets, and for the purpose of controlling and regulating 
the service pipes and connections to be used in connection with their 
works, shall issue licenses without fee under the aforesaid rules and 
regulations, to any plumber, licensed by the City of Peoria, who de- 
sires. to do such work, and who shall agree to do it in accordance 
with such rules and regulations, and unless such plumbing work is 
done in conformity to such rules and regulations thus established, 
and by a regularly licensed plumber, the grantees may refuse to fur- 
nish water. All persons desiring water must make application 
therefor at the office of and upon the books of the _ grantees, 
who shall maintain an office in the central part of the City, 


‘ and agree to conform to the rules and regulations thereof, before 


the grantees shall be obliged to make connection with the prem- 
ises of such applicant, but when such application is made, the 
grantees shall put in the service pipe and connections between the 
main and sidewalk line at their own expense, and the applicant 
shall furnish at his own expense the sidewalk stop and box pipe 


2 and fixtures from the same into and through his property. 


The City reserves the right to order said grantees to put in all ser- 
vice pipes on streets from main to the sidewalk line prior to the mak- 
ing of any permanent pavement on said streets within said City, 
the same to be placed atsuch points alongsaidstreets as the City Coun- 
cil may direct and when so directed the grantees shall immediately 
put in such service pipes, and stop and box. 

The City of Peoria will adopt ordinances protecting the grantees 
in the safe and unmolested exercise of the franchise and license 
hereby granted, and against fraud and imposition, injury to the 
property used in connection with water works, against pollution 
of the water or source of supply, also to carry ingo effect the provis- 
ions of this ordinance, and of the contract hereby entered into. 


» In case any private consumer of the grantees shall fail to pay his 


water rates as hereein provided within thirty days after the same is 
due, the supply may be shut off. 


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TABLE OF WATER RATES. 


ANNUAL RATES. 


SECTION 16. The following is the table of rates to be charged 
private consumers for the use of water supplied by said grantees. 
The amounts hereby so fixed as the maximum charges to private 
consumers shall in no case be exceeded; and it is stipulated ex- 
pressly between the City of Peoria and grantees, that said grantees 
6 by willfully making a charge in excess of the following rates shall 
7 forfeit and pay a penalty of $10.00 for each overcharge to be collected 
8 by the person or persons overcharged in an action before any Justice 
9 of the Peace: 


OO me Fw pO — 


LUNDA RemOue aUCeL. fee eee... . DERM Gos so os ceetemmie shoe ee $ 6.00 
11 Bakeries, daily average bbls. flour used, per barrel.......... 3.00 
12 Barber shops, first chair............. . | LR SR ‘se aeOU 
3 HACK  ACGUIOUAINGH AIT See... .:.'</eeMRRT sie +o os en tise ots 2.00 
Fe aLOS a DTI ALO te Geeta so ws osc ARMED a's a ov g Pldbebo e ailale bys 3.00 
Ieee ACh FAdGILlONg tub Aoeeey.....s:. ce MAME Wie «4 eee ta clone 2.00 
MIB GACOS SOU DIC DEEe CUD 2. .\.ian a’ hv. | oe s+ 5s eine wap 10.00 
fmeriotels+0:. Hoarding house, €ach.tub. see... . 6c cease lees 6.00 
Pee lACKeMnitin SUOD SITS 116 Bee we.... . eM >. s « Sole eu) oon ee 3.50 
T9 Each additional fire........... Sennen na 1.75 
Z20eBullding purposes, prickiper 1000 Jaldwy ie. ics ee oe a sew .10 
ev SULCIIS -' Week 1," mec 2 Sek SMG stro gel dua eyabhate ate dudliene &. <a le .05 
PEAS LORE DCLEDELCD . amperes sities GMM so00d Glebe'e « o Slea Maly ecto. a ses .07 
PE CLASLCY Gy aDORMmLOO | YALOS cicre sins testes tiie 6. lsaimhe ss. 's a by ea ale atelw ui .20 
24 Water for building purposes, when brick, stone or plastering 

25 are not charged for, will always be charged for at the fol- 

26 lowing rates: 

SeeOrdingry MTramersawelline. . ocean oss Cees oa Bocce 2.00 
oa SIM et we We 1 SN ge eae) See oc, [See a PRO 88 3.00 
PoOmOTOinarye DIiGumma welling... Pieter dss... 0 sMRNRtae oles ccc Sleceiatemre 5.00 
59 Other buildings and uses; each barrel of lime or cement...... .10 
Pt (Ome CLA mer CSS, MCLLAD 1) wey eta aie 3's» UDMEMNGSs 50.0 ss sp rater ean 1.00 
Gos CCNGRES ODE CACHIBBEALL | Wanner nicde sles EEE clo sore eee pameeie 3.00 
Gombe Oiitemnouses, Derm TOOn!, boa semis... ates. ooo ce aeea cranes 1.00 
at PEAT) MITOILSOS,: «. SND 5 cpasiela: . SVL creIeeaeTE sn ME se = cape $10 to 30.00 


5 


45 


Onices with, washes Daein . aaa. : Geeta... CME hs koe 3.00 
Printing offices, not inculding engine, six hands or less...... 10.00 
HCI ACGItION Ama DC Se getents,, caMMMMMPers so. «cM S dtallat ata te 25 
PHOLOSTADNELAllerione... . . OSGeo 7... CaM oe alae s 15.00 
Residence, occupied by one family, four rooms or less...... 4.00 
Pach additionaisli Ving TOQMM cadens cx... . ee sa. oe wee 1.00 
Peres ORCI. COOTME. . .. .-.: cme s) « SREMGICeIP A's. . WER 2 Puls wes 1.00 
boaruine schoolsreach roomie... ctaeie ss. Seow cock ee 1.00 
Stables, private, one horse (including washing carriages)... 2.00 
TRACKmenOicionaAl NOTHGmmer oe... . . GMs... . J came es veces 1.00 
Drayeand,team horses each hors@ge,........ me. s..s5 1.00 
Livery, boarding and sale, including carriage washing, 
per horse, 2.00 
Steam boilers, per horse power, twelve hours per day........ 1.50 
DeRenvy-fOUuT OUrS © DCTMOAY.... . tEBtce rs @ < « 0 ow ateteaele odin ocd 3.00 
aoe CACO AUCOLM Et Maas» ss. cMMMCG sly a + + (5 Miumetene ater eng 8.00 
soda fountain glass washers.........semeess......08 $10.00 to 20.00 
stores, not otherwise enumerated. ..scuitemed 6.6... sce ces eee g 6.00 
workshops, lor ten persons Or underign........<nescececol 5.00 
Hacheaqdcitlonal? Person dal. v aictdis s APMED cls 5 0 a ute bietecs erereumne 20 
Tenement houses, each family, four rooms or less.......... 4.00 
Bachaadatlonaloroom .fee recs sss << «/ «dre ees 's Geli s+ emer 1.00 
Uringise private, with ‘self-closing faucets: ..0...h. sates 3.00 
WiktE Alera CLGmeel is ee TAU COLS aeiiaciis gs coals «Lege ¢ slave e) clsve'e 0 3.00 
PupliC, wie SOlSClORID SO LAUCEEE Mm. « oecererapa'. «cto etait Aciees etd 5.00 
Water closets, private, BSElE-ClOSIN S tmmia  rerete ns Ss Se cath ane Wee 3.00 
PoACD BAU Osc1ONA | aga. 5s dc: styeinls > Gh wR remiss 6 +: Lis etadeseM ata es 1.50 
Public hotels, restaurants, saloons and stores, self-closing, 
CECE) sos EREMRES a 9s «SRI t'.''s RUMMME sw G8 serie a 5 OC 
NGbeselt-closingmeach (.. Siemans). 2 pee err Bed ec kee 10.00 
WV ATCUOUGES | 5 Rmmmramete ohh Lo! cr RRM ot #si ss si SIEMOS fo Ss a7e a bfe Le weg 6.00 
Sprinkling carts, for each team employed, per month........ 16.00 
Parties taking water from their neighbor’s hydrant (per «juar- 
LOY epee OU) ee: CREE. nc MBE laps Wiles! A sMNCoy © A+ sh sholelane ewe 6.00 


Goose necks, when used on sprinklers, regular rates for prem- 


ises supplied. 


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DETERS ROLLER. RS. STEPIERT e's c SEAMED “5. cM eee Jers $8 to 12.00 
Sprinkling streets and yards four hours per day, 40 feet front, 
UT WICSE. <1). Hane: . -. RMR MMMM ese cs. , SUMMERS, og site 3 5.00 
Mach AAGUIONSMeLOOt ...' | ena Ms ts s,s wea wag « .10 
On corner lots one-half width side streets, per foot....... .10 


METER RATES PER 1,000 U. S. GALLONS. 


When daily consumption is 1,000 gallons or less the charge to 
be at the rate of 20 cents per 1,000 gallons. 
When daily consumption is more than 1,000 gallons on the 
excess over 1,000 gallons the charge to be at the rate of 6c. 
per 1,000 gallons. 
Waterscarts, for each 100;gallons takenme. ..... .. <Jlipees ores 205 
Rates for other uses to be proportionate to above, according to 
the amount of water used. 


3 Rates for fixtures not enumerated above to be proportionate to 


the foregoing rates. 


MINIMUM RATES. 
POPXCUTCRTO LCase ek ees 6. Riera bo so chdiePe ala uccoumm 4.00 
WIGTOVSiat Caen ito ci cee ek oe Ps by 


OPTION. 


SrecTION 17. At the expiration of ten years from the date of the 
passage of this ordinance, or any five year period thereafter, the 
City of Peoria, as a municipal corporation, shall have the right to 
purchase the water works of the grantees, and all things pertaining 
thereto as herein provided, on the following conditions, and the 
grantees in accepting this ordinance, expressly covenant and agree 
to sell and convey to the City of Peoria, free from any liens, the 
said water works, provided the said city may at said time have the 
power to contract for the payment of the same, or to pay for the 
same in cash, the conditions, to-wit: 

The City of Peoria, by resolution of its City Council, shall de- 
termine to purchase the said water works, and shall serve a certified 
copy of such resolution on the grantees, at least six months before 
the time, or times, when the City of Peoria may desire to exercise 
the right of purchase hereinbefore granted. In the event that the 


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City and the grantees shall then be unable to agree upon a price, to 
be paid for the said works, then the said City shall have the right to 
have at once appointed three disinterested, non-resident experts, as 
appraisers; these appraisers to be named by the judge of the Circuit 
Court of the United States for the district in which Peoria may at 
that time be situated. 


These three appraisers shall constitute a commission which shall 
examine and take testimony of experts and otherwise determine the 
then existing value of the water works and all that pertains thereto; 
but in ascertaining such value they shall not appraise the then un- 
expired term of this rranetien or contract, but shall equitably decide 
what amount the City of Peoria is justly and fairly entitled to pay 
the grantees for the water works and all that pertains thereto, save 
said unexpired franchise, and shall make a written award of the 
then cash value of such water works property, in duplicate, and 
shall deliver one of such awards to the City Clerk of said City and 
the other to the grantees; and the said City shall then have the 
right to exercise the option of purchasing or refusing to purchase 
the said water works at the price so fixed. But in no event is the 


> City to pay more than the sum paid by grantees to the 


City for the original water works, and the cost of the material 
and labor used in improving and enlarging the same, and _ said 
appraisal shall be made upon this basis, excluding all dis- 
tributing pipes, hydrants, etc., used for supplying water to 
consumers outside of the City limits. Provided that nothing here- 


_ in shall be so construed as to prevent the City purchasing the main 


pipes, reservoirs, machinery, pumping stations and supply wells 
and grounds, etc., whether the same may be located within or 
without the limits of said City. If the said City shall then 
elect to purchase, it shall give the grantees notice of such 
election, within sixty days from the delivering of said award to the 


; said City Clerk, ’and it may pay the whole or any part of such 


award, but it shall pay not less than one-sixth of same, on or before 
the expiration of three months thereafter, and on or before the ex- 
piration of each successive period of three months thereafter, it may 
pay the whole or any part of the remainder, but it shall pay not 
less than one-sixth part of the whole award at each of said periods 


9 4)e 


62 


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until the whole shall be paid. Interest shall be paid by the City on 
all deferred payments from the date of the first payment to the time 
of the payment of each and all of the said deferred payments, at 
such rates per annum as the appraisers may name, not exceeding 
the legal rate of interest of the State of Illinois. But the said City shall 
have no right to any of the property or income of the said water works, 
until such time as it shall take actual possession of the property 
and make the first payment of the purchase money as aforesaid, and 
at such time, an adjustment of accounts between the City and the 
grantees for water furnished or supplied by the grantees, and not 
then paid for, shall be had. But if the City shall fail or refuse thus 
to purchase, it shall pay all the necessary expenses incurred by said 
appraisers, in or on account of the appointing of such appraisers, 
and making such award, but in case such purchase is completed and 
such purchase money paid, then shall said expense be equally di- 
vided between the City and the grantees. When the first payment as 
fixed by this section shall have been paid over to grantees, or de- 
posited subject to the order of court for the use of grantees or their 
creditors, the said city shall be immediately put into possession of 
said water works free from the lien of any indebtedness contracted 
by grantees. 
PAYMENTS. 


SECTION 18. In consideration of the benefits to be derived by the 
City of Peoria and its inhabitants, from the improvement, enlarge- 
ment and extension of its present system of water works, and the 
operation of said improved, extended and enlarged water works, and 
in further consideration of the water supply to be obtained thereby, 
for public and private uses, and as an inducement to the grantees to 
purchase the present system of water works and to enter upon and 
improve, enlarge and extend the same, the franchise and license 
hereby granted to and vested in the grantees shall remain in full 
force and effect during the term of thirty years from and after the 
sale and delivery of the present water works, but subject to the right 
to purchase, as herein provided, and to the other conditions herein 
imposed, but in the event of a failure to purchase said water works 
as herein provided, on or before the expiration of said thirty years, 
said franchise and license shall then continue in full force and effect 


ep yee 


until such time as said City may purchase said works, but subject 
to the same right of purchase as before, with hydrant rentals not 
exceeding twenty-five dollars per year for each hydrant in use, but 
the total hydrant rental not to exceed three hundred dollars 
($300.00) per mile, and consumers’ rates not exceeding those provided 
for in this contract, but if the City and grantees cannot agree upon 
the amount that shall be paid for hydrant rental and other uses pub- 
lic and private within the above limits, during such extended period 
of this contract, then such amount shall be determined by arbitration 
in the same manner as is provided in section 17 of this ordinance. 


In consideration of the property, privileges and franchise by this 
contract granted and conveyed to the grantees, they hereby agree 
and bind themselves during the continuance of this contract, upon 
the request of the said City of Peoria, to furnish water for fire protec- 
tion and for other public uses, as herein provided, for the sum of 
$41,600.00 per annum from the date of the completition of the said 
proposed water works system, and to receive in part payment of said 
annual sum of $41,600.00, the interest coupons hereafter paid by the 
said City of Peoria upon its water bonds for interest accruing after 
the delivery of the present water works by said City to said grantees, 
said amount of $41,600.00 to be due and payable in four equal quar- 
terly installments within thirty days after the end of the quarter for 


> which water has been so furnished. In default of the payment by 


the City of any installment for such hydrant rental service and 
water furnished within the time fixed by this section for its pay- 
ment, the said grantees shall be released from the payment of said 
water bonds to an amount equal to the amount of said default, with 
interest on the same at five per cent. during the continuance of said 
default. But prior to the completion of said water works, and subse- 
quentto the delivery of the present water works system to the grantees, 


the charge and rental for the use of hydrants and water furnished 


shall be based upon the average number of hydrants actually in use 
for the preceding quarter, and shall be the proportion of $10,400.00 
quarterly which said number of hydrants bears to one thousand hy- 
drants; provided, however, that when hydrants are located along 
boundary streets between the City of Peoria and other inhabited 
territory, and the grantees furnish water to such territory, a deduc- 


Ge 


tion of one-half of the hydrant rental rates above specified shall be 
allowed to the City of Peoria on the hydrants so located. 


It is further expressly provided and agreed by and between the 
parties hereto, that, in no event and under no circumstances so long 
as the said City of Peoria desires and the City Council shall from 
year to ‘year request hydrant service and water to be furnished to 
the City of Peoria shall the grantees refuse or neglect for any space 
of time to supply the City of Peoria and all the hydrants provided 
for. in this contract, with water and pressure for fire protection, un- 
less such failure is caused by act of God in the destruction or im- 
pairment of said water works system or some part thereof or by mob 
violence, in either of which cases said water works system and every 
part thereof shall be restored to the former state of efficiency by 
grantees at the earliest practical date. And, if for any cause other 
than the two above specified the said grantees fail, neglect or refuse 
for any space of time to furnish all the water and fire protection 
pressure required by said Council and provided for in this ordinance, 
said grantees shall thereby forfeit to the City of Peoria its fran- 
chise and license hereunder and herein granted and its right to re- 
tain possession of the water works system, pumping station or sta- 
tions, reservoirs, stand-pipes, mains, pipes, hydrants and the entire 
property mentioned and described in this ordinance as belonging to 
or to belong to said grantees as a part of said water works system; and 
the City of Peoria by order of the Mayor may immediately, without 
process of law, take full and complete possession of said property and 
water works system as aforesaid whether within or without the limits 
of said city, (using force if necessary for the purpose of taking such 
possession) and may operate said pumping station or stations and 
water works system so as to furnish adequate fire protection and 
water for the uses of said city and the citizens thereof thereafter; and 
grantees, by accepting this ordinance agree to and do waive and re- 
lease to the City of Peoria any claim for damages against said city 
and its servants which they might make by reason of such forcible 
entry upon and into, and use of said water works properties for such 
purposes; and said City Council may, at its option for said reason, 
declare said franchise and license forfeited. Provided that if said 
grantees shall re-engage to furnish said city with water and pressure 


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for fire protection, etc., as herein provided for and shall then give 
satisfactory security that they will comply with such undertaking 
to again continually furnish water and fire protection for said city 
they shall be restored to the possession of said water works property, 
and their franchise and license shall be restored to them, subject 


- to be again forfeited as in the first instance. But nothing in this 


section shall be held to release the city from its legal liability to pay 
for hydrant rental and for all water so furnished. 

But no money or consideration of any kind shall be paid by the city 
to grantees for the water used, nor for hydrant rental during the 


100 time the city is in possession of said water works and operating the 


101 same, as aforesaid. 


102 
103 


In case the City shall desire the said pipe system to be ex- 
tended within the present or future limits of the City, and shall 


104 by ordinance, direct the grantees to make such extension then 


105 
106 
107 
168 
109 
110 
tt 
112 
113 


shall the grantees make the same, and furnish and erect fire 
hydrants thereon to the number of twelve to each mile, as the 
City may locate the same, upon the condition that the City shall 
pay for the fire protection thus afforded, $75.00 per quarter for each 
and every mile thus laid during the said unexpired term of thirty 
years from completion of the said extension, but subject to the right 
of purchase herein provided for. 

Said grantees shall constantly day and night, except in cases of 
unavoidable accident, keep all hydrants supplied with water, 


114 and shall keep them in good order and efficiency. The Chief 


115 of the Fire Department of said City, and in case of his absence, 


116 the officer in charge thereof, may inspect the hydrants from 


117 time to time, and if upon said inspection, any of said hydrants are 


118 found to be out of working order, he shall forthwith notify the 


119 


chief officer in charge of the water works in writing, specifying the 


120 hydrant or hydrants out of working order, and said officer of the 


121 
122 


water works shall forthwith repair the same, and if not in working 
order within five days after such notice, the grantees shall pay to 


123 the City a forfeit of ten dollars ($10.00) a day per hydrant while 
125 such hydrant or hydrants remain out of repair. But the failure of 
126 said officer to so inspect and notify, shall not relieve said grantees 


ie 
128 


from liability in case said hydrants are not kept in good repair, nor 
shall said failure make the City liable for damages in any way. 


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FREE WATER. 


SEcTION 19. In consideration of the franchise and license here- 
in granted by the said City of Peoria to the said grantees, as 
herein mentioned, the grantees hereby agree to furnish and supply 
constantly day and night, except in case of casualty beyond the 
control of the grantees, at their own expense for the period of 
thirty years, and as much longer as this franchise may be ex- 
tended, a sufficient amount of water for the uses of said City 
for the practice of the fire department, for the necessary flush- 
ing of public sewers and gutters by hose or carts, the sprink- 
ling by the City, with wagons or carts, of all streets, for all uses 
in all City buildings, public and parochial schools, churches, hospitals, 
and all charitable institutions supported by the City or by the 
county or state or by private contributions, and throughout the 
entire year for public drinking. fountains for man and _ beast 
and for ten hours per day, during the non-freezing months of 
the year, for ornamental public display fountains. The City sha’l 
take all due precaution to prevent the unnecessary use and waste 


of water from these fixtures. 


DISTURBING STRERETS. 


SECTION 20. The City of Peoria reserves the right to disturb 
the pipes of the said grantees when it shall become necessary for 
building or repairing sewers or for the making of other City im- 
provements, the same to be so done as to cause the least damage to 
grantees possible. But nothing herein shall be so construed as to 
release contractors with the City from liability for damage caused 
disturbing said pipes. And said grantees hereby covenant and 
agree that when they shall disturb the paving in the streets of said 
City in extending, repairing or changing water-mains or pipes, that 
said grantees at their own expense, shall restore said street and said 
paving to its original condition as soon as said pipes shall have been 
put in place, and without unnecessary delay. 


ACCEPTANCE. 


SECTION 21. This ordinance shall become binding as a contract, 
upon the City of Peoria, in the event that the grantees shall first 


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perform all the conditions herein required of them, and shall then 
file with the City Clerk of the City their written acceptance of the 
same, and the said ordinance and the acceptance thereof shall con- 
stitute a contract and be a measure of the rights, liabilities and 
privileges of said City of Peoria and the said grantees, and these 
conditions and the acceptance shall be performed and made on or . 
before the Ist day of August, 1889, and if the grantees shall then 
fail to accept this contract then this ordinance may be repealed. 


CORPORATION AND ASSIGNMENT. . 


SECTION 22. The grantees herein agree that they will within 
thirty days after this ordinance becomes a contract, organize or 
cause to be organized under the laws of the State of Illinois, a 
Water Works Company or Corporation, to whom this ordinance and 
contract shall be duly assigned and transferred, subject to all the 
restrictions and undertakings herein put upon and assumed by ; 


7 grantees, and said company shall take the place of grantees and do 


co Ol > Ww rs 


and perform their undertakings hereunder, and such assignment 
shall be filed in the Clerk’s office of the City of Peoria, and recorded 
in the office of the Recorder of Deeds of Peoria County, and no 
other or further assignment or transfer of this ordinance shall be 
made without the consent of the Council of the City of Peoria. 
Wherever in this ordinance the word “Grantees” is used it shall be 


4 deemed to mean John F. Moffett, Henry C. Hodgkins, John V. 


Clarke and Charles T. Moffett, comprising the firm of Moffett, 
Hodgkins & Clarke, their legal representatives, associates, successors 


; or assigns. 


EXECUTION OF CONTRACT. 


SECTION 23. The Mayor and City Clerk of the City of Peoria 
are hereby authorized and instructed, upon the acceptance of this 
ordinance by grantees, and filing and approval by the City Council 
of the bonds and securities herein required, and after the -water sup- 
ply and source shall have first been approved by the City Council, 
to execute and deliver to grantees a deed of conveyance for the prop- 


61% erty so sold, and to seal duplicate copies hereof withthe sail of the 


7 


City, and to sign such copies in the name of, and in behalf of the City, 


714 and to deliver one such copy, so sealed and signed in behalf of the 


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17 


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So Oo ON HR oO - wr HF 


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and to deliver one such copy, so sealed and signed, in behalf of the 
City, to the grantees, and to accept the other, in behalf of the City, 
when signed and sealed by the grantees, and to cause such copy, to- 
gether with such acceptance, to be authenticated in accordance with 
the laws governing contracts for the purchase and sale of real estate: 
and personal property, and to record the same in the office of the Re- 
corder of Deeds of Peoria County, Illinois, and the said Mayor and 
the said City Clerk are hereby authorized to sign, with 
their official hands, and to seal with the seal of the City, any 
additional copies of this contract, or extracts therefrom, and to cer- 
tify to the correctness thereof upon the request of the said grantees. 

SECTION 24. It is expressly understood, and grantees consent and 
agree, by accepting this ordinance that, in interpreting, constru- 
ing and giving effect to this ordinance and contract, each and every 
expression used, if any, which is indefinite or susceptible of more than 
one interpretation or meaning, the interpretation and meaning 
which most favors and best protects the interests of the City of 
Peoria and the inhabitants thereof shall be adopted; and that fire 
protection shall be afforded to the City of Peoria and its citizens at 
all times, upon request of the Council, even though no legal special 
contract for the price thereof has been previously made. 


EFFECT AND REPEAL. 


SEcTION 25. All ordinances, or parts of ordinances, inconsistent 
herewith, are hereby repealed, and this ordinance is, and shall be, in 
force, from and after its passage and publication by the City Council 
of the City of Peoria, and its acceptance by the said grantees. 


Hoge peels 


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‘ Poth det ft 


AN ORDINANCE amending Sections 17, 18, 21 and 24 of an ordinance 


CON RD oO PR wD ~ 


—_ 
a 


entitled “An Ordinance for an improved, enlarged and extended 
system of Water Works, for the City of Peoria, Illinois, and its 
inhabitants, and to supply them with water for all public and pri- 
vate purposes, and to sell to John F.. Moffett, Henry C. Hodgkins, 
John V. Clarke and Charles T. Moffett, doing business under the 
firm name of Moffett, Hodgkins & Clarke, of Watertown, N. Y., 
the present existing system of water works of the City of Peoria, 
as an entirety, and granting to the said Mo/feit, Hodgkins & 
Clarke, the franchise and license to rebuild, enlarge and extend the 
present system of water works and to construct, maintain and op- 
erate as a whole, the new, improved, enlarged and extended system 
of water works, in, near and for the said City of Peoria, and con- 
tracting with the said Moffett, Hodgkins & Clarke for water for 
fire protection and other public uses for the City of Peoria, and | 
granting to the said Moffett, Hodgkins & Clarke the right and li- 
cense to furnish, deliver and sell water to the inhabitants of the 
City of Peoria, and reserving to the said City of Peoria the right to 
purchase the said water works system, after its enlargement, im- 
provement and extension, all as hereinafter provided for. Passed 
May 4th, 1889. 


it ordained by the City Council of the City of Peoria: 


That Sections numbered 17, 18 and 21 and 24 of an ordinance 
entitled “An Ordinance for an improved, enlarged and extended 
system of water works for the City of Peoria, Illinois, and its in- 
habitants, and to supply them with water for all public and private 
purposes, and to sell to John T. Moffett, Henry C. Hodgkins, John 
V. Clarke and Charles T. Moffett, doing business under the firm 
name of Moffett, Hodgkins & Clarke, of Watertown, N. Y., the pres- 
ent existing system of water works of the City of Peoria, as an 
entirety and granting to the said Moffett, Hodgkins & Clarke the 
franchise and license to rebuild, enlarge and extend the present 
system of water works, and to construct, maintain and operate, as 


C5) "00, sos OW ie «6CO UNS 


th 
a) 


12 


a whole, the new improved, enlarged and extended system of water 
works in, near and for the said City of Peoria, and contracting with 
the said Moffett, Hodgkins & Clarke for water for fire protection 
and other public uses in the City of Peoria and granting to the said 
Moffett, Hodgkins & Clarke, the right and license to furnish, de- 
liver and sell water to the inhabitants of the City of Peoria and 
reserving to the said City of Peoria the right to purchase the said 
water works system, after its enlargement, improvement and exten- 
sion, all as hereinafter provided for. Passed May 4, 1889, be and 


‘they are hereby amended so as to read as follows: 


AMEND SECTION 17 SO AS TO READ AS FOLLOWS: 


SECTION 17. At the expiration of ten years from the date of the 
passage of this ordinance, or at any five year period thereafter the 
City of Peoria as a municipal corporation, shall have the right to 
purchase the water works of the grantees, and all things pertain- 
ing thereto as herein provided, on the following conditions, and 
the grantees in accepting this ordinance expressly covenant and 
agree to sell to the City of Peoria the said water works, provided 
the said City may at said time have the power to contract for the 
payment of the same or shall pay for the same in cash, and upon 
payment for the same to convey said water works to said City free 
from all liens upon the following conditions to-wit: 


The City of Peoria by resolution of its City Council, shall deter- 
mine to purchase the said water works, and shall serve a certified 
copy of such resolutions on the grantees at least six months before 
the time or times when the City of Peoria may desire to exercise the 
right of purchase heheinbefore granted. In the event that the City 
and the grantees shall then be unable to agree upon a price, to be 
paid for the said works, then the said City shall have the right to 
have at once appointed three disinterested non-resident experts, as 
appraisers; these appraisers to be named by the judge of the Circuit 
Court of the United States for the District in which Peoria may at 
that time be situated. 


These three appraisers shall constitute a commission which 
shall examine and take testimony of experts and otherwise deter- 
mine the then existing value of the water works and all that per- 


59m 


57 


26 tains thereto; but in ascertaining such value they shall not ap- 
praise the then unexpired term of this franchise or contract, but 
shall equitably decide what amount the City of Peoria is justly and 
fairly entitled to pay the grantees for the water works and all that 
pertains thereto, save said unexpired franchise, and shall make a writ- | 
ten award of the then cash value of such water works property in du- 
plicate, and shall deliver one of such awards to the City Clerk of 
said City and the other to the grantees; and the said City shall then 
have the right to exercise the option of purchasing or refusing to 
purchase the said water works at the price so fixed. 


But in no event is the City to pay more than the sum paid by 
the grantees to the City for the original Water Works, and the cost 
of the material] and labor used in improving and enlarging the same, 
and said appraisal shall be made upon this basis, excluding all 
distributing pipes, hydrants, etc., used for spplying water to con- 
sumers outside of the City limits. Provided that nothing herein be 
so construed as to prevent the City purchasing the main pipes, res- 
ervoirs, machinery, pumping stations and supply wells and grounds, 
etc., whether the same may be located within or without the limits 
of said City. If the said City shall then elect to purchase, it shall 
give the grantees notice of such election within sixty days from the 
delivering of said award to the said City Clerk, and it may pay the 
whole or any part of such award, but it shall pay not less than one- 
sixth of same, on or before the expiration of three months there- 
after, and on or before the expiration of each successive period 
of three months thereafter, it may pay the whole or any part of 
the remainder, but it shall pay not less than one-sixth part of the 
whole award at each of said periods until the whole shall be paid. 
Interest shall be paid by the City on all deferred payments from 
the date ofthefirst paymenttothetime of the payment of each and all 
of the saiddeferred payments, at such rates per annum as the apprais- 
ers may name, not exceeding the legal rate of interest of the State 
of Illinois. But the said City shall have no right to any of the 
property or income of the said water works, until such time 
as it shall take actual possession of the property and make the first 
payment of the purchase money as aforesaid, and at such time, an 
adjustment. of accounts between the City and grantees for water 


eon 


63 
64 

65 
66 
67 
68 
69 
70 
71 
72 
73 
74 
75 
76 


Semon nan rr WH WY eK 


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16 


furnished or supplied by the grantees, and not then paid for, shall 
be had. But if the City shall fail or refuse, thus to purchase, it shall 
pay all the necessary expenses incurred by said appraisers, in or on 
account of the appointing of such appraisers, and making such award, 
but in case such purchase is completed and such purchase money 
paid, then shall said expenses be equally divided between the City 
and the grantees. When the first payment as fixed by this section 
shall have been made, the said City ‘shall be immediately put into 


possession of said water works and all payments when made shall 


be applied under the direction of the City, if the City sees fit so to 
direct, to the liquidation and extinguishment of all indebtedness 
of said grantees which are liens upon said water works and upon 
full payment for the said water works said grantees shall convey 
the same free from all liens and incumberances to said City. 


AMEND SECTION 18 SO AS TO READ AS FOLLOWS: 


In consideration of the benefits to be derived by the City of Pe- 
oria and its inhabitants, from the improvement, enlargement and 
extension of its present system of water works, and the operation 
of said improved, extended and enlarged water works, and in further 
consideration of the water supply to be obtained thereby, for public 
and private uses, and as an inducement to the grantees to purchase 
the present system of water works and to enter upon and improve, 
enlarge and extend the same, the franchise and license hereby granted 
to and vested in the grantees shall remain in full force and effect 
during the term of thirty years from and after the sale and delivery 
of the present water works, but subject to the right to purchase, as 
herein provided, and to the other conditions herein imposed, but 
in the event of a failure to purchase said water works as herein 
provided, on or before the expiration of said thirty years, said fran- 
chise and license shall then continue in full force and effect until 
such time as said City may purchase said works, but subject to the 
same right of purchase as before, with hydrant rentals not exceed- 
ing Twenty-five Dollars per year for each hydrant in use, but the 
total hydrant rental not to exceed Three Hundred Dollars ($300.00) 
per mile and consumers’ rates not exceeding those provided for in 
this contract, but if the City and grantees cannot agree upon the 


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vl ear Yas 


PA ney 
Jk ha YY 
i re Be 


amount that shall be paid for hydrant rentals and other uses, public 
and private, within the above limits, during such extended period of 
this contract, then such amount shall be determined by arbitration 
in the same manner as is provided in Section 17 of this ordinance. 


In consideration of the property privileges and franchises by 
this contract granted and conveyed to the grantees, they hereby 
agree and bind themselves during the continuance of this contract, 
upon the request of the said City of Peoria, to furnish water for fire 
protection and for other public uses, as herein provided, for the 
sum of $41,600.00 per annum from the date of completion of the 
said proposed water works system, and to receive in part payment 
of said annual sum of $41,600.00 the interest coupons hereafter paid 
by the said City of Peoria upon its Water Bonds for interest accru- 
ing after the deilvery of the present water works by said City to 
said grantees, said amount of $41,600.00 to be due and payable in 
four equal quarterly installments within thirty days after the end 
of the quarter for which water has been so furnished. In default of 
the payment by the City of any installment for such hydrant rental 
service and water furnished within the time fixed by this section 
for its payment, the said grantees shall be released from the pay- 
ment of said Water Bonds to an amount equal to the amount of 
said default, with interest on the same as five per cent. during the 
continuance of said default. But prior to the completion of said 
water works, and subsequent to the delivery of the present water 
works system to the grantees, the charge and rentals for the use of 
hydrants and water furnished shall be based upon the average number 
of hydrants actually in use for the preceding quarter, and shall be 


' the proportion of $10,400.00 quarterly which said number of 


hydrants bears to one thousand hydrants; provided, however, that 
when hydrants are located along boundary streets between the City 
of Peoria and other inhabited territory, and the grantees furnish 
water to such territory, a deduction of one-half the hydrant rental 
rates specified shall be allowed to the City of Peoria on the hydrants 
so located. 

It is further expressly provided and agreed by and between the 
parties hereto that, in no event and under no circumstances so long 
as the said City of Peoria desires and the City Council shall from 


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year to year request hydrant service and water to be furnished to 
the City of Peoria shall the grantees refuse or neglect for any space 
of time to supply the City of Peoria and all hydrants provided for 
in this contract, with water and pressure for fire protection, unless 
such failure is caused by an act of God in the destruction or impair- 
ment of said water works System or some part thereof or by mob 
violence, in either of which cases said water works system and every 
part thereof shall be restored to the former state of efficiency by 
grantees at the earliest practical date, and, if for any cause other 
than the two above specified the said grantees fail, neglect or refuse 
for any space of time to furnish all the water and fire protection 
pressure required by said Council and provided for in this Ordi- 
nance, said grantees shall thereby forfeit to the City of Peoria its 
franchise and license hereunder and herein granted and its right 
to retain possession of the water works system, pumping station or 
stations, reservoirs, stand-pipes, mains, pipes, hydrants and the en- 
tire property mentioned and described in this ordinance as belong- 
ing to or to belong to said grantees as a part of said water works 
system; and the City of Peoria by order of the Mayor upon resolution 
of the Council may immediately, without process of law, take full and 
complete possession of said property and water works system as afore- 
said whether within or without the limits of said City, (using force if 
necessary for the purpose of taking such possession) and may operate 
said pumping station or stations and water works system so as to 
furnish adequate fire protection and water for the uses of said 
City and the citizens thereof thereafter; and grantees, by accepting 


i this ordinance agree to and do waive and release to the City of Pe- 


oria any claim for damages against said City and its servants 
which they might make by reason of such forcible entry upon 
and into, and use of said water works properties for such causes 
and purposes; and said City Council may, at its option for said 
reason, declare said franchise and license forfeited. Provided that 
if said grantees re-engage to furnish said City with water and pres- 
sure for fire protection, etc., as herein provided for and shall then 
give satisfactory security that they will comply with such undertak- 
ing to again continually furnish water and fire protection for said 
City they shall be restored to the possession of said water works 


fendi y 


96 property, and their franchise and license shall be restored to 


97 them, subject to be again forfeited as in the first instance, but noth- 


98 ing in this section shall be held to release the City from its legal 


99 liability to pay for hydrant rental and for all water so furnished. 


100 
101 
102 
103 


104 
105 
106 
107 
108 
109 
110 
111 
112 
113 


114 
115 
116 
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130 


But no money or consideration of any kind shall be paid by the 
City to grantees for the water used, nor for hydrant rental during 
the time the City is in possession of said water works and operat- 
ing the same, as aforesaid. 


In case the City shall desire the said pipe system to be extend- 
ed within the present or future limits gf the City, and shall by or- 
dinance, direct the gratnees to make such extension, then shall the 
grantees make the same, and furnish and erect fire hydrants there- 
on to the number of twelve to each mile, as the City may locate 
the same, upon the condition that the City shall pay for the fire 
protection thus afforded, $75.00 per quarter for each and every 
mile thus laid during the said unexpired term of thirty years from 
completion of said extension, but subject to the right of pur- 
chase herein provided for. 


Said grantees shall constantly day and night, except in cases 
of unavoidable accident, keep all hydrants supplied with water, and 
shall keep them in good order and efficiency. 


The Chief of the fire department of said City, and in case of his 
absence, the officer in charge thereof, may inspect the hydrants 
from time to time, and if upon said inspection, any of said 
hydrants are found to be out of working order, he shall forthwith 
notify the chief officer in charge of the water works in writing, 
specifying the hydrant or hydrants out of working order, and said 
officer of the water works shall forthwith repair the same, and if 
not in working order within five days after such notice, the gran- 
tees shall pay to the City a forfeit of Ten Dollars ($10.00) a day 
per hydrant while such hydrant or hydrants remain out of repair. 
But the failure of said officer to inspect and notify, shall not re- 
lieve said grantees from liability in case said hydrants aie 
not kept in good repair, nor shall said failure make the City liable 
for damages in any way. 


Es. is 


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10 
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12 
13 


ACCEPTANCE. 


SECTION 21. This ordinance shall become binding as a contract 
upon the City of Peoria, in the event that the grantees shall first 
perform all the conditions herein required of them, and shall then 
file with the City Clerk of the City their written acceptance of the 
same, and the said ordinance and the acceptance thereof shall con- 
stitute a contract and be a measure of the rights, liabilities and 
privileges of said City of Peoria and the said grantees, and these 
conditions and the acceptance shall be performed and made on or 
before the 2nd day of October, A. D. 1889, and if the grantees shall 
then fail to accept this contract then this ordinance may be repealed. 


AMEND SECTION 24 SO AS TO READ AS FOLLOWS: 


SECTION 24. It is expressly understood, and grantees consent 
and agree, by accepting this ordinance that, in interpreting, constru- 
ing and giving effect to this ordinance and contract, each and 
every expression used, if any, which is indefinite or susceptible of 
more than one interpretation or meaning, the interpretation and 
meaning which most favors and protects the interests of the City of 
Peoria and the inhabitants thereof shall be adopted; and that fire 
protection shall be afforded to the City of Peoria and its citizens at 
all times, upon request of the Council, even though no legal special 
contract for the price thereof has been previously made but where 
said water is furnished by said grantees without special request hav- 
ing previously been made by said Council therefor, the same shall be 
paid for at the rate and in the manner hereinbefore provided. 


Passed in Council, July 23, 1889. 
(Signed) JOHN WARNER, Mayor. 
(Signed) M. R. FAY, City Clerk. 


Published Peoria Herald Thursday, August 15th, 1889, Page 5. 


rae 


AN ORDINANCE amending Sections nine (9), eleven (11), fifteen 


(15), eighteen (18), nineteen (19) and twenty-two (22) of an 
ordinance entitled “An Ordinance for an improved, enlarged and 
extended system of water works, for the City of Peoria, Illinois, 
and its inhabitants and to supply them with water for all public 
and private purposes, and to sell to John F. Moffett, Henry C. 
Hodgkins, John V. Clarke and Charles T. Moffett, doing business 
under the firm name of Moffett, Hodgkins & Clarke, of Watertown, 
N. Y., the present existing system of water works of the City of 
Peoria, as an entirety, and granting to the said Moffett, Hodgkins 
& Clarke the franchise and license to rebuild, enlarge and extend 
the present system of water works and construct, maintain and 
operate as a whole, the new improved, enlarged and extended sys- 
tem of water works in, near and for the said City of Peoria, and con- 
tracting with the said Moffett, Hodgkins & Clarke for water for 
fire protection and other public uses for the City of Peoria, and 
granting to the said Moffett, Hodgkins & Clarke the right and 
license to furnish, deliver and sell water to the inhabitants of the 
City of Peoria, and reserving to the said City of Peoria the right 
to purchase the said water works system, after its enlargement, im- 
provement and extension, all as hereinafter provided for.’ Passed 
May 4, 1889, and amended July 23rd, 1889. 


Be it ordained by the City Council of the City of Peoria: 


aon Oo Fe WwW SF 


9 
10 


SECTION 1. That sections numbered nine (9), eleven (11), fif- 
teen (15), eighteen (18), nineteen (19) and twenty-two (22) of 
an ordinance entitled “An Ordinance for an improved, enlarged and 
extended system of water works for the City of Peoria, Illinois, and 
its inhabitants, and to supply them with water for all public and 
private purposes, and to sell to John F.. Moffett, Henry C. Hodgkins, 
John V. Clarke and Charles T. Moffett, doing business under the 
firm name of Moffett, Hodgkins & Clarke, of Watertown, N. Y., the 
present existing system of water works of the City of Peoria, as an en- 
tirety, and granting tothe said Moffett, Hodgkins & Clarke the fran- 


he (Sade 


CO (00 vente Ooe) eet OS 


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wo eH OS 


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16 
17 


chise and license to rebuild, enlarge and extend the present system of 
water works, and to construct, maintain and operate as a whole the 
new, improved, enlarged and extended system of water works, in, 
near, and for the said City of Peoria, and contracting with the said 
Moffett, Hodgkins & Clarke for water for fire protection and other 
public uses for the City of Peoria, and granting to the said Moffett, 
Hodgkins & Clarke, the right and license to furnish, deliver and 
sell water to the inhabitants of the City of Peoria, and reserving 
to the said City of Peoria the right to purchase the said water 
works system, after its enlargement, improvement and extension all 
as hereinafter provided for,’ passed May 4, 1889, and amended July 
23rd, 1889, be and they are hereby amended so as to read as fol- 


3 lows: 


AMEND SECTION 9 SO AS TO READ AS FOLLOWS: 


SECTION 9. The pumping machinery shall be large, modern and 
first-class in all respects, and shall consist of three compound, con- 
densing, duplex, pumping engines, each one of which shall be cap- 
able of pumping not less than seven Million, two hundred thousand 
United States gallons each per twenty-four hours, at a piston speed 
of not exceeding one hundred and forty feet per minute, against a 
water pressure of one hundred and eighty pounds to the square 
inch. 


Each of these engines shall be first-class in every respect, and 
shall be constructed in the most modern and improved manner, by 
first-class, reputable manufacturers. 


Each of these engines shall be so proportioned, arranged and 
built, as to be able to develop a duty of at least one hundred mil- 
lion foot pounds with one thousand pounds of steam, each engine 
to have air pumps and condensers, suitable to maintain a high 
vacuum when working at their maximum capacity; each engine 
shall be erected and set up on independent suitable foundations, 
and be connected with the supply and discharge pipe systems, so 
that any or allmay berunatany time. All exposedworking parts of 
these engines shall be highly finished, and the entire steam ends shall 
be neatly and tastefully lagged with hard wood, secured and orna- 
mented with polished or metal clamps or screws. Each engine shall 


pa acs 


or or oy oT on 
ond ™ of 


have its own set of gauges, which shall include two vacuum, two 
steam, and one discharge ordinary pressure guage. There shall also 
be a standard steam indicator, and permanent standards and con- 
nections for each engine to permit the attaching of indicators and 


; the taking of indicator cards and also one water and one steam 


recording pressure gauge; there shall also be attached to each en- 


gine a suitable number of high-grade thermometers to indicate the 


temperature of the water in the suction and discharge pipes; also 
the temperature of the steam in both the high and low pressure 
cylinders in the exhaust, and also the temperature of the overflow 
or discharge water from the condensers. In addition to the here- 
inbefore detailed main pumping engines, there shall be a suitable 
number in duplicate of boiler feed pumps, and feed water heaters, 


— and all the usual connections, special fittings, appurtenances or fix- 


tures necessary to make the entire pumping plant complete, mod- 
ern and first-class in all respects. 


The power to operate this pumping machinery shall be provided 
by three batteries of two or more boilers each, the whole to be of 
such power as to easily furnish the steam necessary to operate the 
machinery at its full capacity; these three batteries are to be so 
set and connected that either can supply steam to either or all 
pumping engines at the same time; each of these boilers shall be 
made of the best boiler steel, in the most thorough and workman- 
like manner. Each boiler shall be provided with all appurtenances 
necessary to make the boiler plant a most complette and efficient 
and first-class one in all respects. And the said grantees shall keep 
both the boilers and the pumping engines in constant and first-class 
repair, during the life of this ordinance, and increase the same, 
from time to time, as may be necessary to fully supply the City of 
Peoria and its inhabitants. 


Said grantees shall at their own expense maintain telephone 
communications with the police and fire departments of the City 
of Peoria and also with the public telephone system and also con- 


: struct and maintain in good working order an electric fire alarm 


bell in the Pump House, which shall be connected with any fire 
alarm system which is or may hereafter be in use in said City. 


i! 
2 
4 
i) 
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9 


10 
at 
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aif 
18 


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AMEND SECTION 11 SO AS TO READ AS FOLLOWS: 


RESERVOIRS. 


SECTION 11. There shall be located at a suitable point or points 
in or near the city, a series of reservoirs, for the purpose of stor- 
ing «and distributing water to the different portions thereof. These 
reservoirs shall be of such construction, shape and size, as may be 
deemed best, and where the elevation of the ground is sufficient to 
permit, shall be made in excavation or embankment, of earth and 
masonry, and where the elevation is not sufficient to permit, shall 
be made of metal, in the form of tanks, stand-pipes or water towers. 
All distributing reservoirs and the water in the same shall have 
the same top elevation, and be sufficient to supply all requisite, or- 
dinary pressure in all portions of the City, and the water level shall 
not be less than two hundred and twenty (220) feet above the top 
of the fourth flute on the south angle of the corner stone of the 
Peoria County Court house, the elevation of which point was estab- 
lished in the.year1877,atone hundred feetabove the datum plane. The 
of these stand-pipes shall be erected on the bluff, in said city—one 
to be located northeasterly of Hamilton Street, and the other to be 
located west of Elizabeth Street. 


Said reservoirs shall be so built that they may be pumped into 
direct, and the water then supplied by them to the city, and also 
that they may be disconnected, in time of necessity, that the water 
supply may be pumped into the mains and to the city by the pump- 
ing machinery direct, and at any pressure up to the maximum here- 


231-2 in provided, and in no case shall the minimum be less than the 


24 
25 
26 
27 
28 
29 
30 
31 
32 
33 


gravity pressure. But said reservoirs shall not be disconnected ex- 
cept to make repairs thereto or to be cleaned. Those reservoirs 
built of earth and masonry shall be constructed according to speci- 
fications submitted by the grantees and shall be lined with brick 
or stone masonry, or concrete, and so arranged that they may be 
easily cleaned or repaired without endangering the water supply to 
the City, either in quantity or continuance. 


The aggregate capacity of all the reservoirs, stand-pipes or 
water towers, to be constructed in connection with this system of 
water works, to be not less than nineteen million United States 


Wye ee 


gallons, and eighteen million gallons shall be stored in one reser- 


voir. 
There shall be a driveway connected with the public highway to 
and around the reservoir. Said driveway shall be twenty-four feet 


wide and shall be kept up and maintained at grantees’ expense. 
There shall also be a suitable walk for foot passengers six feet 
wide from the public highway to and around the reservoir. 


AMEND SECTION 15 SO AS TO READ AS FOLLOWS: 
| RULES, REGULATIONS AND RATES. 


SECTION 15. After the delivery of the property of the existing 
water works to the grantees, and their acceptance thereof, the 
grantees may charge and collect during the continuance of this 
franchise and license, quarterly yearly water rates, in advance, 
which quarter yearly water rates shall not exceed one-fourth of the 
amount of annual water rates given in this ordinance, or one-half 
of the rates given for six months. 

The only exception to the above times of payment being in the 
case of meter rates, which shal be payable monthly, or at such 
other periods of time as may be-mutually agreed upon between the 
grantees and consumer. Pa 

Grantees shall have the right to furnish water and consumers to 
take water at meter rates, and when meters are required, either by 


i gantees or consumers, they shall be furnished by grantees without 


charge. In all cases where meters are used they shall be such as will 
meet the approval of the grantees, but may besubject tosupervision, in- 
spection and condemnation of the City Council or any one by them des- 


s ignated, and when condemned such meter shall be removed and a 


correct meter substituted in its place at the cost of said grantees. 
The Council reserves the right to appwint a man as inspector of 
water meters used by the consumers under this ordinance and it 


2 shall be the duty of said inspector to examine and test any water 


meter furnished to consumers by said grantees, whenever requested 
so to do by such consumer. Said inspector shall always’ give 
twenty-four (24) hours notice to the consumer and also to the said 
grantees of the time and place when and where such tests is to be 
made. Said inspector shall be entitled to receive in advance from 


Aa 


47 


any consumer requiring his services the sum of $2.00 and his reas- 
onable expenses, not exceeding $5.00 for each meter by him _ in- 
spected. 

Such sum shall be refunded by the said grantees upon presen- 
tation to them of the inspector’s certificate that the meter has been 
found by him to register more water than actually passes through 
the same. But if the said meter shall be found by said inspector 
to not register more water than actually passes through the same, 
then said consumer shall bear the expense of such inspection as 
above provided for. 


The grantees shall make such rules and regulations, to be 
first approved by the City Council, regarding the serviec and use of 
water, putting in of connections, etc., both as regards the quality 
of the connections and their arrangement, as may be proper and 
expedient with just and reasonable regard for the rights of others. 


The grantees shall have the exclusive right to put in water ser- 
vice pipes and connections in the streets; and for the purpose of 
controlling and regulating the service pipes and connections to 
be used in connection with their works, shall issue licenses without 
fee under the aforesaid rules and regulations, to any plumber li- 
censed by the City of Peoria, who desires to do such work, and who 
shall agree to do it in accordance with such rules and regulations; 
and, unless such plumbing work is done in accordance with, and in 
conformity with such rules and regulations thus established, and by a 


o14 regularly licensed plumber, the grantees may refuse to furnish wa- 


5z 
53 


54 


ter. All persons desiring water must make application therefor at 
the office of and upon the books of the grantees, who shall maintain 
an office in the central part of the city, and agree to conform to the 
rules and regulations of said grantees, before the grantees shall be 
obliged to make connection with the premises of such applicant, 
but when such application is made, the grantees shall put in the 
service pipe and connections between the main and sidewalk line 
at their own expense, and the applicant shall furnish at his own ex- 
pense the sidewalk stop and box and pipe and fixtures from the 
same into and through his property. 


The City reserves the right to order said grantees to put in all 


>» service pipes on streets from main to the sidewalk line prior to 


acy Tee 


os 
Dv he 
jae @ i 


me yl 
‘ 


— 
‘ 


64 
65 
66 
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in 
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79 


the making of any permanent pavement on said streets within said 
City, the same to be placed at such points along said streets as the 
City Council may direct, and when so directed the grantees shall 
immediately put in such service pipes and stop and box. 

The City of Peoria will adopt ordinances’ protecting the 
grantees in the safe and unmolested exercise of the franchise and 
license hereby granted, and against fraud and imposition, injury 
to the property used in connection with the water works, against 
pollution of the water or source of supply, also to carry into effect 
the provisions of this ordinance, and of the contract hereby en- 
tered into. In case any private consumer of the grantees shall fail 
to pay his water rates as herein provided within thirty days after 
the same is due, the supply may be shut off. 

All service pipes not exceeding one and a half inch in diameter 

hereafter laid by grantees from mains to sidewalk line, shall be 
extra strong lead pipes. 


AMEND SECTION 18 AS AMENDED JULY 238, 1889, SO AS TO READ 


oreo nt om ot fF WS DY FE 


10 
11 
12 
13 
14 
15 
16 
17 


AS FOLLOWS: 
PAYMENTS. 


SECTION 18. In consideration of the benefits to be derived by the 
City of Peoria and its inhabitants, from the improvement, enlarge- 
ment and extension of its present system of water works, and the 
operation of said improved, extended and enlarged water works, 
and in further consideration of the water supply to be obtained 
thereby, for public and private uses and as an inducement to the 
grantees to purchase the present system of water works and to 
enter upon and improve, enlarge and extend the same, the franchise 
and license hereby granted to and vested in the grantees shall re- 
main in full force and effect during the term of thirty years from 
and after the sale and delivery of the present water works, but 
subject to the right of purchase as herein provided, and to the 
other conditions herein imposed, but in the event of a failure to 
purchase said water works as herein provided, on or before the ex- 
piration of said thirty years, said franchise and license shall then 
continue in full force and effect until such time as said City may 
purchase said works, but subject to the same right of purchase 


Bl? (ee 


if art : es 
Caer oa 
¢ 4 rele : i 


4d 


as before, with hydrant rentals not exceeding twenty-five dollars 
per year for each hydrant in use, but the total hydrant rental not 
to exceed three hundred dollars ($300.00) per mile of main pipe, 
and consumers’ rates not exceeding those provided for in this con- 
tract; but if the City and grantees can not agree upon the amount 
that shall be paid for hydrant rentals and other uses—public and 
private—within the above limits, during such extended period of 
this contract, then such amount shall be determined by arbitra- 
tion in the same manner as is provided in Section 17 of this 
ordinance as amended. 


In consideration of the property, privileges and franchises by 
this contract granted and conveyed to the grantees, they hereby 
agree and bind themselves during the continuance of this contract, 
upon the request of the said City of Peoria to furnish water for 
fire protection and for other public uses, as herein provided, for 
the sum of $41,600.00 per annum from the date of the completion and 


| acceptance by the City of Peoria of the said proposed water works 


System, as provided in this ordinance as amended and to receive 
in part payment of said annual sum of $41,600.00 the interest 
coupons hereafter paid by said City of Peoria upon its water bonds, 
for interest accruing after the delivery of the present water works 
by said City to said grantees, said amount of $41,600.00 to be due 


) and payable in four equal quarterly installments within thirty days 


after the end of the quarter for which water has been so fur- 
nished. In default of the payment by the City of any installment 


» for such hydrant rental service and water furnished within the 


time fixed by this section for its payment, the said grantees shall be 
released from the payment of said water bonds to an amount equal 
to the amount of said default, with interest on the same at five per 


' cent during the continuance of said default. But prior to the com- 


pletion of said water works, and subsequent to the delivery of the 
present water works system to the grantees, the charge and rental 
for the use of hydrants and water furnished shall be for three hun- 
dred and sixty-nine hydrants from November ist, 1889, up to the 
date of the completion of the two water towers upon the East and 
West bluffs and their connection and use with the pipe distribution 
system as then laid, after which date the charge and rental for the 


use of hydrants shall be for five hundred and seventy up to the date 
of the completion and acceptance of the water works system, and 
thereafter for one thousand hydrants as provided in this ordinance 


S as amended; Provided, that such payment of new hydrant rental 


shall not be construed to waive the right of the City to have the 
new hydrants subjected to the tests heretofore required by this or- 
dinance for said new water works system; Provided, further, that 
in consideration of said City having passed this amended ordinance 
said grantees shall at all times keep all its new hydrants supplied 
with water and fire pressure and shall permit the said City to use 
the same for suppressing conflagrations before said works are com- 
pleted free of other charge; Provided, further, that when hydrants 
are located along boundary streets between the City of Peoria and 
other inhabited territory, and the grantees furnish water to such 
territory, a deduction of one-half the hydrant rental rates above 
specified shall be allowed to the City of Peoria on the hydrants so 
located. It is further expressly provided and agreed by and between 
the parties hereto, that in no event and under no circumstances, so 
long as the said City of Peoria desires and the City Council request 
hydrant service and water to be furnished to the City of Peoria, shall 
the grantees refuse or neglect for any space of time #o supply the 
City of Peoria and all the hydrants provided for in this contract, 
with water and pressure for fire protection, unless such failure is 
caused by an act of God in the destruction or impairment of said 
water works system or some part thereof, or by mob violence, in 
either of which cases said water works system and every part there- 
of shall be restored to the former state of efficiency by grantees at 
the earliest practical date. And, if for any cause other than the 


- two above specified, the said grantees fail, neglect or refuse for any 


space of time to furnish all the water and fire protection pressure 
required by said Council and provided for in this ordinance, said 
grantees shall thereby forfeit to the City of Peoria its franchise and 
license hereunder and herein granted and its right to retain posses- 
sion of the water works system, pumping station or stations, reser- 
voirs, stand-pipes, mains, pipes, hydrants and the entire property 
mentioned and described in this ordinance as belonging to or to be- 
long to said grantees as a part of said water works system; and the 


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City of Peoria by order of the Mayor upon resolution of the Council 
may immediately, without process of law, take full and complete 
possession of said property and water works system as aforesaid 
whether within or without the limits of said City (using force if 
necessary for the purpose of taking such possession), and may op- 
erate said pumping station or stations and water works system so 
as to furnish adequate fire protection and water for the uses of 
said City and the citizens thereof thereafter; and grantees, by ac- 
cepting this ordinance, agree to and do waive and release to the 
City of Peoria any claim for damages against said City and its 
servants which they might take by reason of such forcible entry 
upon and into and use of said water works properties for such 
causes and purposes; and said City Council may, at its option for 
said reason, declare said franchise and license forfeited. Provided, 
that if said grantees shall re-engage to furnish said City with 
water and pressure for fire protection, etc., as herein provided for, 
and shall then give satisfactory security that they will comply with 
such undertaking to again continually furnish water and fire pro- 
tection for said City, they shall be restored to the possession of 
said water works property, and their franchise and license shall be 
restored to them, subject to be again forfeited as in the first in- 
stance. But nothing in this section shall be held to release the 
City from its legal liability to pay for hydrant rental and for all 
water so furnished. 


But no money or consideration of any kind shall be paid by the 
City to grantees for the water used, nor for hydrant rental during the 
time the City is in possession of said water ‘works and operating 
the same, as aforesaid. 


In case *the City shall desire the said pipe system to be ex- 
tended within the present or future limits of the City, and shall 
by ordinance direct the grantees to make such extension, then 
shall the grantees make the same, and furnish and erect fire hy- 
drants thereon to the number of twelve to each mile, as the City may 
locate the same upon the condition that the City shall pay for the 
fire protection thus afforded, $75. per quarter for each and every 
mile thus laid during the said unexpired term of thirty years from 
completion of the said extension, but subject to the right of pur- 


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chase herein provided for. Said grantees shalf constantly day and 
night, except in cases of unavoidable accident, keep:-all hydrants 
supplied with water, and shall keep them in good order and effic- 
iency. The chief of the fire department of said City, and, in case 
of his absence, the officer in charge thereof, or any person desig- 
nated by the City Council, may inspect the hydrants from time to 
time, and if upon said inspection, any of said hydrants are found 
to be out of working order, he shall forthwith notify the chief 
officer in charge of the water works in writing, specifying the hy- 
hydrant or hydrants out of working order, and said officer of the 
water works shall forthwith repair the same, and if not in working 
order within five days after such notice, the grantees shall pay to 
the City a forfeit of ten dollars ($10) a day per hydrant while 
such hydrant or hydrants remain out of repair. But the failure 
of said officer to so inspect and notify shall not relieve said gran- 
tees from liability in case said hydrants are not kept in good re- 
pair, nor shall said failure make the City liable for damages in 
any way. 


AMEND SECTION 19 SO AS TO READ AS FOLLOWS: 
FREE WATER. 


SECTION 19. In consideration of the franchise and license herein 
granted by the said City of Peoria to the said grantees, as herein 
mentioned, the grantees hereby agree to furnish and supply con- 
stantly, day and night, except in case of casualty beyond the control 
of the grantees, at their own expense for the period of thirty years, 
and as much longer as this franchise may be extended, a sufficient 
amount of water for the uses of said city, for the practice of the 
fire department, for the necessary flushing of public sewers and 
gutters, the sprinkling with wagons or carts of any or all streets 


when ordered or required by the City, and for all uses in all City 


and County buildings, City Parks, public and parochial schools, 
churches, hospitals, and all charitable institutions supported by 
the City or by the County or by private contributions and for 
sprinkling the Court House square throughout the entire year, also 
for public drinking fountains for man and beast and, for ten hours 
per day, during the non-freezing months of the year, for all public 
display fountains. 


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CORPORATION AND ASSIGNMENT. 


SECTION 22. The grantees herein agree that they will within 
thirty days after this ordinance becomes a contract, organize or 
cause to be organized under the laws of the State of Illinois, a 
Water Works Company, or a Corporation, to whom this ordinance 
and contract shall be duly assigned and transferred, subject to all 
the restrictions and undertakings hereunder, and such assignment 
shall be filed in the Clerk’s office of the City of Peoria, and shall 
also be recorded in the office of the Recorder of Deeds in and for 


‘Peoria County, and no other or further assignment or transfer shall 


be made except by mortgage without the consent of the City Coun- 
cil of the City of Peoria; Provided, however, that no mortgage of 
said Water Company or Corporation shall be made Which will have 
the effect of cutting off any of the rights of the City of Peoria under 
this amended ordinance. Wherever in this ordinance the word 
“Grantees” is used it shall be deemed to mean John F. Moffett, 
Henry C. Hodgkins, John V. Clarke and Charles T. Moffett, com- 
prising the firm of Moffett, Hodgkins & Clarke, their legal rep- 
resentatives, associates, successors or assigns. 


SECTION 2. The foregoing amendments are made upon the ex- 
press condition that they shall be accepted by the grantees within 
ten days after the passage of this ordinance in writing, with a stip- 
ulation and agreement by grantees that such amendments shall not 
in any way change, modify or affect or release any of the other 
terms, conditions, covenants and agreements as contained in said 
ordinance, not amended hereby. Otherwise this amendment to be 
void and of no effect. 


Passed in Council, August 5th, A. D., 1890. 
(Signed) CHARLES C. CLARKE, Mayor. 
R. FAY, City Clerk. 


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LIBRARY 
mniicpeiry 3. BELINGHS 


AN ORDINANCE to amend Sections 2, 6, 17 and 18 of an ordinance 


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entitled “An Ordinance for an Improved, Enlarged and Extended 
System of Water Works for the City of Peoria, Illinois, and its 
inhabitants, and to supply them with water for all public and 
private purposes,’ passed in Council May 4th, A. D. 1889, and all 
amendments thereto, and to repeal portions of said ordinance in- 
‘consistent herewith. 


it ordained by the City Council of the City of Peoria: 


SECTION 1. That Section 2 be amended by inserting in the first 
paragraph after the word “terms” in line 26, Section 2121 of the 
revised printed ordinances of the City of Peoria, dated 1892, the fol- 
lowing: 

“But the grantees shall be relieved of their obligations on the 
city water bonds under this section, by the payment by grantees 
to the City of Peoria in cash, on or before February ist, 1905, of 
$195,000.00, less an allowance of $4,875.00, and thereupon the two 
indemnity bonds of $225,000.00 each, and the mortgage to the City, 
securing the same, as hereinafter provided, shall be cancelled and 
satisfied of record.” 


SECTION 2. That the last paragraph of Section 6 be and is hereby 
amended to read as follows: “It is expressly understood and 
agreed by and between the parties hereto that in case said grantees 
shall fail to comply with the provisions of this section requiring 
said grantees to supply the inhabitants of the City of Peoria with 
clear and wholesome water, by taking water from sources forbidden 
by the water works ordinance, without the consent of the city 
authorities, or by reason of neglect in permitting any contamination 
to originate on the property owned or controlled by the grantees, 
then said grantees shall thereby forfeit to the City of Peoria the 
sum of $125.00 per day for each and every day they shall so fail 
to supply such clear and wholesome water as aforesaid; provided, 
that the City Council of the City of Peoria shall first cause to be 
given to said grantees through any officer of said company, or 


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agent, in charge of said company’s business in the City of Peoria, 
fifteen days’ notice that said water has been pronounced impure 
and unwholesome, from a breach of the conditions aforesaid, and 
not up to the standard prescribed by the said City Council. The said 
amount to be recoverable of and from said company in an action 
of debt by and in the name of the City of Peoria.” 


SECTION 3. That Section 17 be amended to read as follows: “At 
the expiration of ten years from the date of the passage of this 
ordinance, or of any, except the second, five year period thereafter, 
the City of Peoria, as a municipal corporation, shall have the right 
to purchase the water works of the grantees, and all things per- 
taining thereto, as herein provided, on the following conditions, 
and the grantees, in accepting this ordinance, expressly covenant 
and agrees to sell to the City of Peoria the said water works, pro- 
vided the said city may, at said time, have the power to contract 
for the payment of the same, or shall pay for the same in cash, and 
upon payment for the same to convey said water works to said 
city free from all liens upon the following conditions, to-wit: The 
City of Peoria, by resolution of its City Council, shall determine to 
purchase the said water works, and shall serve a certified copy of 
such resolution on the grantees at least six months before the time, 
or times, when the City of Peoria may desire to exercise the right 
of purchase hereinbefore granted. 


“In the event that the city and the grantees shall be unable to 
agree upon a price to be paid for the said works, then the matter 
shall be submitted to three disinterested, non-resident, competent 
experts as appraisers; one of such appraisers to be appointed by 
the City, a second appraiser to be appointed by the grantees, and 
the third appraiser to be appointed by the said two appraisers. The 
appraisers aforesaid shall constitute a commission which shall 
examine and take testimony of experts and otherwise determine 
the then existing value of the water works and all that pertains 
thereto; but in ascertaining such value they shall not appraise the 
then unexpired term of this franchise or contract, but shall equit- 
ably decide what amount the City of Peoria is justly and fairly 
entitled to pay the grantees for the water works and all that per- 
tains thereto, save said unexpired franchise, and shall make a 


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written award of the then cash value of such water works property, 
in duplicate, and shall deliver one of such awards to the City Clerk 
and the other to the grantees; and the said City shall then have the 
right to exercise the option of purchasing or refusing to purchase 


} the said water works at the price so fixed, excluding all distributing 


pipes, hydrants, etc., used for supplying water to consumers outside 
of the city limits. Provided, that nothing herein shall be so con- 
strued as to prevent the city purchasing the main pipes, reservoirs, 
machinery, pumping stations and supply wells and grounds, etc., 
whether the same may be located within or without the limits of 
said City. If the said City shall then elect to purchase, it shall 
give the grantees notice of such election within sixty days from the 
delivering of said award to the said City Clerk, and it shall pay the 
whole of such award, and an adjustment of accounts between the 
city and the grantees for water furnished or supplied by the gran- 
tees to the city of Peoria or to other consumers ,and not then paid 
for, shall be had, and any balance due the grantees shall be paid 
on or before the expiration of eighteen (18) months from the date 
of such award. 


“When the payments as fixed by this section, shall have been 


2 made, the said City shall be immediately put into possession of said 


water works, and said payments, when made, shall be first applied 
under the direction of the City, if the City sees fit so to direct, to 
the liquidation and extinguishment of all indebtedness of said 
grantees which are liens upon said water works, and said grantees 
shall convey the same free from all liens and incumbrances to said 
City; but the said City shall have no right.to any of the property 
or income of the said water works until such time as it shall take 
actual possession of the property and make the payments aforesaid. 
If the City shall fail or refuse thus to purchase, it shall pay all the 
necessary expenses incurred by said appraisers, and in or on account 
of the appointing of such appraisers and making such award; but 
in case such purchase is completed, and such payments are made 
by. the City as aforesaid, then shall said expense be equally divided 
between the City and the grantees. 


Section 4. That Section 18 be amended as follows: After the 
word “amended” in the second paragraph, strike out the following: 


boas (2 


3 “and to receive in part payment of said annual sum of $41,600.00, 
4 the interest coupons hereinafter paid by said City of Peoria upon 
5 its water bonds for interest accruing after the delivery of the 
6 present water works by said City to said grantees.” 


7 After the word “furnished” in same paragraph, also strike out 
8 the following: “In default of the payment by the City of any in- 
§ stallment for such hydrant rental service and water furnished 
10 within the time fixed by this section for its payment, the said 
11 grantees shall be released from the payment of said water bonds to 
‘an amount equal to the amount of said default with interest on the 


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same at five per cent during the continuance of said default.” 


Section 5. That all parts of said ordinance as amended in con- 
flict herewith be and the same are hereby repealed and this ordin- 
ance shall be in force and effect from and after its passage and 
publication and the payment of the sum as hereinbefore provided, 


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and shall extend to grantees, their successors and assigns. 


Passed by the City Council of the City of Peoria, Illinois, this 
22nd day of November, A. D. 1904. 


. E. N. WOODRUFF, Mayor. 
Attest: ROBERT JOOS, City Clerk. 


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